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Zambia Qualifications Authority Act, 2011

Heading only: “Short title and commencement” and “Interpretation.” This text only shows headings for Section 19 and surrounding parts of the Act, not a substantive rule. The text only shows sectio…

accountingaccreditationappointmentsauditboard compositionboard membershipboard procedureboard remunerationcommittee procedurecomplianceconflicts of interestCompany lawcorporate powerseducation frameworkemployment opportunitiesestablishmentexecution of documentsfeesfees and chargesfinancial reportingfinancial yeargovernancegrants and donationsinformation disclosureinternal recordsinvestmentslearning standardslitigation riskloansmeeting procedureminutespolicypublic administrationpublic authority administrationpublic authority immunityqualificationsqualifications frameworkquality assuranceregulatory approvalsregulatory compliancereportingreporting periodresignationstandardstenuretrainingtraining standardsvacancy
Jurisdiction
Zambia
Structure
25 provisions
Citation
Act 13 of 2011
Dates
As at 15 Apr 2011
More statute details
Dates
As at 15 Apr 2011

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01

Purpose and legislative effect

“Heading only: “Short title and commencement” and “Interpretation.””

Heading only: “Short title and commencement” and “Interpretation.” This text only shows headings for Section 19 and surrounding parts of the Act, not a substantive rule. The text only shows section headings about funds, financial year accounts and audit, and an annual report; it does not state a clear operative rule. Section 24 is titled “Regulations.” The Authority and the appropriate authorities must build and maintain a transparent national framework for recognising learning achievements, and ensure qualifications meet appropriate and internationally comparable criteria.

02

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Section 6

An appropriate authority must manage its sub-framework and carry out several coordination, policy, and quality-assurance functions.

Section 6

Section 12

Board members serve three-year terms, may be re-appointed, may resign on one month’s written notice to the Minister, and their office becomes vacant in specified situations.

Section 12

Section 24

The Minister may make regulations, by statutory instrument and on the Authority’s recommendation, to carry out this Act.

Section 24

04

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Source record from zambialii.org · As at 15 Apr 2011

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Showing 25 of 25 provisions

Provision 21Short titleSubstitutionCommencement

Part

PART I

§ 2In this Act, unless the context otherwise requiresShort title

Heading only: “Short title and commencement” and “Interpretation.”

2. Short title and commencement Interpretation .•'
Section 2Verify source
§ 19Section 19Provision

This text only shows headings for Section 19 and surrounding parts of the Act, not a substantive rule.

19. • j PART II THE NATIONAL QUALIFIC/iflONS FRAMEWORK National Qualifications Framework Objectives of Framework Framework levels Sub-frameworks PART III THE ZAMBIA QUALIFICATIONS AUTHORITY Establishment of Zambia Qualifications Authority Seal of Authority Functions of Authority Board of Authority Functions of Board Tenure of office and vacancy Proceedings of Board Committees of Board Allowances of members Disclosure of interest Prohibition of publication or disclosure of irformation to unauthorised persons Immunity of members of Board and staff of Authority Director and other staff Single copies of this Act muy he obtained from the Government Printer, P.O. Box 30136, 10101 Lusaka, Price K7,000 each. 180 No. 13 of 2011] Zambia Qualifications Authority PART IV FINANCIAL PROVISIONS
Section 19Verify source

Part

PART IV

§ 23Section 23Provision

The text only shows section headings about funds, financial year accounts and audit, and an annual report; it does not state a clear operative rule.

23. Funds of Authority Financial year Accounts and audit Annual report PARTY GENERAL PROVISION .,
Section 23Verify source
§ 24RegulationsProvision

Section 24 is titled “Regulations.”

24. Regulations .\ Zambia Qualifications Authority [No. 13 of 2011 183
Section 24Verify source
§ 4Section 4Provision

The Authority and the appropriate authorities must build and maintain a transparent national framework for recognising learning achievements, and ensure qualifications meet appropriate and internationally comparable criteria.

4. (J) The objectives of the Framework are to- (a) create a single integrated national framework for learning achievements; Objectives of Framework (b) facilitate access to, and mobility and·progression within, education, training and career paths; (c) enhance the quality of education and training; and (d) promote education, training and employment opportunities. .. (2) The Framework shall contribute to the full personal development of each learner and the social and economic development of the nation. (3) The Authority and the appropriate authorities shall- (a) develop, foster and maintain an integrated and transparent national framework for the recognition of learning achievements; and (b) ensure that educational qualifications meet appropriate criteria, and are internationally comparable.
Section 4Verify source
§ 5Section 5Provision

The Framework must be organised into levels of learning achievement, and each level must be described by a level descriptor.

5. (1) The Framework shall be organised as a series oflevels of learning achievement, arranged in the prescribed manner. Framework levels (2) Each level of the Framework shall be described by a statement of learning achievement known as a level descriptor. (3) A level descriptor, referred to in subsection (2), shall provide a broad indication of learning achievements or outcomes that are appropriate to a qualification at that level. ( 4) Level descriptors shall be developed and determined as provided for in paragraph (e) of subsection (I) of section nine.
Section 5Verify source
§ 6Section 6Provision

An appropriate authority must manage its sub-framework and carry out several coordination, policy, and quality-assurance functions.

6. (1) The Framework shall be a single system comprising three co-ordinated qualifications sub-frameworks, for- (a) general and further education and training, contemplated in the Education Act, 2011; (b) higher education, contemplated in the University Act, 1999; (c) trades and occupations, contemplated in the Technical Education, Vocational and Entrepreneurship Training Act, 1998 and the Apprenticeship Act; and (d) continous professional development. (2) An appropriate authority shall, in order to achieve the objectives of the Framework- (a) develop and manage its sub-framework, and make recommendations thereon to the relevant Minister; Sub­ frameworks Act No. 23 of201 l Act No, 11 of 1999 ActNo. 13 of 1998 Cap. 275 184 No. 13 of 2011] Zambia Qualifications Authority (b) advise the relevant Minister on matters relating to its sub­ framework; (c) ensure that the level descriptors remain current and appropriate; (d) with regard to qualifications for its sub-framework- (i) develop and implement policy and criteria, taking into account the policy and criteria contemplated in paragraph (b) of section nine, for the development, accreditation and publication of qualifications; (ii) develop and implement policy and criteria, taking into account the policy and criteria contemplated in paragraph (d) of section nine, for assessment, recognition of prior learning and credit accumulation and transfer; (iii) ensure that the development of such qualifications or part qualifications as are necessary for the sector, which may include appropriate measures for the assessment ofleaming achievement; and (iv) recommend qualifications or part qualifications to the Authority for accreditation; and (e) with regard to quality assurance within its sub-framework­ (i) develop and implement policy for quality assurance; (ii) ensure the integrity and credibility of quality assurance; and (iii) ensure that such quality assurance as is necessary for the sub-framework is undertaken. PART III THE ZAMBIA QUALIFICATIONS AUTHORlTY Establishment of Zambia Qualifications Authority Seal of Authority
Section 6Verify source
§ 20Section 20Provision

The Authority’s funds come from appropriations, fees, loans, grants, donations, and other amounts that accrue to it. The Authority may accept grants or donations, raise money, and charge fees, but some actions need the Minister’s approval.

20. ( I ) The funds of the Authority shall consist of such moneys as may- (a) be appropriated to the Authority by Parliament for purposes of the Authority; • Zambia Qualifications Authority [No. 13 of 2011 191 (b) be paid to the Authority by way of fees, loans, grants or donations; and (c) otherwise vest in or accrue to the Authority. (2) The Authority may- 1 (a) subject to the approval of the Minister, accept monies by way of grants or donations from any source within or outside Zambia; (b) subject to the approval of the Minister, raise by way of loans or otherwise, such monies as it may require for the discharge of its functions ; and (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, loans, gratuities and pensions of the staff of the Authority; (b) such reasonable, travelling, transport and subsistence allowances for members of the Board when engaged on the business of the Authority, at such rates as the Board may, with the approval of the Minister, determine; and (c) any other expenses incurred by the Board in the performance of the Board's functions under this Act. ( 4) The Board may, with the approval of the Minister, invest in such manner as it considers appropriate, funds of the Authority as it does not immediately require for the discharge of its functions.
Section 20Verify source
§ 21The financial year of the Authority shall be the period ofProvision

The Authority’s financial year is a 12-month period ending on 31 December each year.

21. The financial year of the Authority shall be the period of twelve months ending on 3 1 st December of each year.
Section 21Verify source
§ 22Section 22Provision

The Authority must keep proper accounting books and records, and its accounts must be audited every year by the Auditor-General or approved independent auditors. The Authority must also pay the auditor’s fees.

22. (I) 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 such independent auditors as the Auditor­ General may approve. Financial year Accounts and audit (3) The Auditor's fees shall be paid by the Authority.
Section 22Verify source
§ 23Section 23Provision

The Authority must send the Minister an annual report within 90 days after the financial year ends, with required financial information attached. The Minister must then lay the report before the National Assembly within 7 days after the first sitting following receipt.

23. ( I) As soon as practicable, but no later than n inety days Annual report after the end of the financial year, the Authority shall submit to the Minister a report concerning its activities during the financial year. (2) The report referred to in subsection (I) shall include information on the financial affairs of the Authority and there shall be appended to the report- 192 No. 13 of 2011] Zambia Qualifications Authority (a) an audited balance sheet; (b) an audited statement of income and expenditure; and (c) such other information as the Minister may require. (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 in subsection (!), lay the report before the National Assembly PART Y GENERAL PROVISION Regulations
Section 23Verify source

Part

PART III

§ 7There is hereby established the Zambia QualificationsProvision

The Zambia Qualifications Authority is established as a body corporate.

7. There is hereby established the Zambia Qualifications Authority which shall be a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name and shall, subject to the provisions of this Act, have power to do all such acts and things as a body corporate may, by law, do or perform.
Section 7Verify source
§ 8Section 8Provision

The Authority’s seal is kept by the Director, and certain people must authenticate its use. Some contracts or instruments may be executed without the seal, and documents appearing to be under the seal or issued for the Authority are received in evidence unless the contrary is proved.

8. ( 1) The sea I of the Authority shall be such device as may be determined by the Authority an.a,:;hall be kept by the Director. (2) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson and the Director or one other person authorised in that behalf by a resolution of the Board. Zambia Qualifications Authority [No. 13 of 2011 185 (3) Any 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 or any other person generally or specifically authorised by the Board in that behalf. ( 4) Any 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, as the case may be, without further proof, unless the contrary is proved.
Section 8Verify source
§ 9Section 9Provision

The Authority has broad functions to manage Zambia’s qualifications framework, and the Minister may issue general directions that the Authority must follow.

9. ( 1) The functions of the Authority are to-- (a) develop, oversee and maintain a national qualification Functions of Authority framework for Zambia; (b) develop and implement policy and criteria, after consultation with the appropriate authority, for the development, accreditation and publication of qualifications and part­ qualifications, which shall include the following requirements: (i) the relevant sub-framework shall be identified on any document relating to the accreditation and publication of a qualification or part-qualification; and (ii) each sub-framework shall have a distinct nomenclature for its qualification types which is appropriate to the relevant sub-framework and consistent with international practice; (c) accredit a qualification or part-qualification recommended by an appropriate authority if it meets the relevant criteria; (d) develop policy and criteria after consultation with the appropriate authorities for assessment, recognition of prior learning and credit accumulation and transfer; (e) develop the content oflevel descriptors for each level of the Framework and reach agreement on the content with the appropriate authorities; (/) publish the agreed level descriptors in the Gazette and ensure that the levels remain current and appropriate; (g) ensure that standards and accredited qualifications are internationally comparable; (h) determine national standards for any occupation; (i) recognise and validate competencies for purposes of certification obtained outside the formal education and training systems; 186 No. 13 of 2011] Zambia Qualifications Authority (j) recognise and validate competencies for purposes of certification obtained outside the country; (k) collaborate with its international counterparts on all matters of mutual interest concerning qualification frameworks; (l) keep a database of learning achievements in Zambia; (m) advise the Minister on matters pertaining to the Framework; and (n) do all such things as are necessary or conclusive for the achievement of the purposes of this Act. (2) The Authority shall publish an annual list of the prescribed standards and qualifications of the sub-frameworks. (3) The Minister may, in consultation with the Authority, give such directives of a general character to the Authority, not inconsistent with this Act, as the Minister considers necessary and the Authority shall comply with those directions. ( 4) The Authority may- (a) determine and levy fees that the Authority considers necessary to finance its activities under 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 thereof is payable. Board of Authority
Section 9Verify source
§ 10Section 10Provision

The Authority has a Board made up of part-time members appointed by the Minister, and the Minister must appoint the Chairperson and Vice-Chairperson from among the members.

10. (I) There is hereby constituted the Board of the Authority which shall consist of the following part time members appointed by the Minister: (a) one representative each of the Ministries responsible for­ (i) education; (ii) vocational and entrepreneurship training; (iii) labour; and (iv) health; (b) a representative of the Zambia Institute of Chartered Accountants; (c) a representative of the Zambia Institute of Advanced Legal Education; (d) one representative from a public university established under the University Act, 1999; (e) one representative from a private university registered under the University Act, 1999; (/) a representative of the Zambia Air Services Training Institute; (g) a representative of the Zambia Institute of Human Resource Management; and Act No. 11 of 1999 Act No. 11 of\999 Zambia Qualifications Authority [No. 13 of 2011 187 Functions of Board (h) a representative from a civil society organisation working in the education sector. (2) The Minister shall appoint the Chairperson and Vice­ Chairperson from among the members.
Section 10Verify source
§ 11The functions of the Board are to­Provision

The Board must carry out several functions, including acting for the Authority, evaluating qualifications and standards, overseeing accreditation compliance, publishing accreditation policies and criteria, informing stakeholders, and investigating Framework-related issues.

11. The functions of the Board are to­ (a) perform the functions of the Authority; (b) evaluate qualifications and standards for purposes of this Act or any other relevant written law; (c) ensure that the appropriate authorities comply with the requirements for accreditation prescribed pursuant to this Act; (d) formulate and publish policies and criteria for- (i) the accreditation of bodies responsible for establishing national standards and qua! ifications; and (ii) the accreditation of bodies responsible for monitoring and auditing standards and qualifications; (e) inform the appropriate authorities and stakeholders about international pract ice in the development and management of the Framework; (I) conduct or commission investigations on issues of importance to the development and implementation of the Framework, including periodic studies of the impact o f the Framework on educat ion, training and employment; and (g) perform such other functions as may be conferred on the Board under this Act or any other written law.
Section 11Verify source
§ 12Section 12Provision

Board members serve three-year terms, may be re-appointed, may resign on one month’s written notice to the Minister, and their office becomes vacant in specified situations.

12. (I) Subject to the other 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 period of three years. Tenure of office and vacancy (2) A member may resign upon giving one month's notice in writing to the Minister. (3) The office of a member shall become vacant­ (a) upon the death of the member; (b) if the member is absent; without reasonable excuse, from three consecutive meetings of the Board, of which that member has had notice; 188 No. 13 of 2011) Zambia Qualifications Authority {c) on ceasing to hold the office by virtue of which the member was appointed; (d) if the member is declared bankrupt; (e) if the member has a mental disability which makes the member unable to exercise the functions as member; or (I) if the member is removed by the Minister. ( 4) The Minister shall, where the office ofa 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 such member shall hold office for the remainder of the term. '· Proceedings of Board ( 5) Subject to the other provisions of this Act, a member shall, on the expiration of the period for which the member is appointed, continue to hold office until another member is appointed to succeed that member.
Section 12Verify source
§ 13Section 13Substitution

The Board may regulate its own procedure and must follow specific rules for meetings, quorum, voting, invitations, substitutes, and minutes.

13. (I) Subject to the other 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 such places and at such times as the Chairperson may determine. (3) Upon giving notice of not less than fourteen days, a meeting of the Board may be called by the Chairperson and shall be called if not less than one-third of the members so request in writing: Provided that if the urgency of any particular matter does not permit the giving of such notice, a special meeting may be called upon giving a shorter notice. (4) The quorum at any meeting of the Board shall be one-half of the members of the Board. (5) There shall preside at any meeting of the Board­ (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, such member as 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 at1ihe 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. Zambia Qualifications Authority [No. 13 of 2011 189 (7) The Board may invite any person, whose presence is in its opinion desirable, to attend and to participate in the deliberation of a meeting of the Board but such person shall have no vote. (8) The validity of any proceedings, act or decision of the Board shall not be affected by any vacancy in the membership of the Board or by any defect in the appointment of any member or by reason that any person not entitled to do so took part in the proceedings. (9) 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 i n that member's stead and such person shall be deemed to be a member for the purpose of that meeting. (10) The Board shall cause to be kept minutes of the proceedings of every meeting of the Board and every meeting of any committee established by the Board.
Section 13Verify source
§ 14Section 14Provision

The Board must establish committees for its functions, may appoint committee members, and committees may regulate their own procedure subject to the Board’s directions.

14. ( ! ) The Board shall, for the purpose of performing its functions under this Act, establish committees and delegate to any such committee such of its functions as it considers fit. Committees of Board (2) The Board may appoint as members of a committee established under subsection ( I), persons who are or are not members of the Board and such persons shall hold office for such period as the Board may determine., (3) Subject to any specific or general direction of the Board, any committee established under subsection ( 1), may regulate its own procedure.
Section 14Verify source
§ 15A member of the Board or any committee of the BoardProvision

Board or committee members are to be paid allowances set by the Authority, with the Minister’s approval.

15. A member of the Board or any committee of the Board the Authority may, with the shall be paid such allowances as approval of the Minister, determine.
Section 15Verify source
§ 16Section 16Commencement

A Board member with a personal or spouse-related private interest in a matter being considered must disclose that interest promptly and must not join the discussion or vote.

16. ( 1) If a member is present at a meeting of the Board or any committee of the Board at which any matter is the subject of consideration and in which matter the member or the member's spouse is directly or indirectly interested in a private capacity, the member shall, as soon as practicable after the commencement of the meeting, disclose that interest and shall not 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 it is made. Allowances of members Disclosure of interest ,, 190 No. 13 of 2011] Zambia Qualifications Authority Prohibition of publication or disclosure of information to unauthorised persons Immunity of members of Board and staff of Authority
Section 16Verify source
§ 17Section 17Offence

A person must not disclose covered information without the Board’s written consent, except in the course of duties.

17. ( I ) A person shall not, without the consent in writing given by, or on behalf of, the Board publish or disclose to any unauthorised 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 w ho contravenes subsection ( !) commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units orto imprisonment for a period 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 (I), unlawfully publishes or communicates the information to any other person, commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both.
Section 17Verify source
§ 18An action or other proceeding shall not lie or be institutedProvision

Proceedings cannot be brought against Board members, committee members, or Authority staff for good-faith acts or omissions done while exercising or performing powers, functions, or duties under the Act.

18. 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 i n 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. Director and other staff'
Section 18Verify source
§ 19Section 19Provision

The Board must appoint a Director with the Minister’s approval, and may appoint a Secretary and other staff.

19. (I) The Board shall appoint a Director on such terms and conditions as it may, with the approval of the Minister, detennine. (2) The Director shall be the chief executive officer of the Authority and shall be responsible, under the direction of the Board, for the day-to-day administration of the Authority. (3) The Board may appoint, on such terms and conditions as it may determine, the Secretary and such other staff as it considers necessary for the performance of the Authority's functions under this Act. PART IV FINANCIAL PROVISIONS Funds of Authority
Section 19Verify source

Part

PART Y

§ 24Section 24Provision

The Minister may make regulations, by statutory instrument and on the Authority’s recommendation, to carry out this Act.

24. ( 1) The Minister may, by statutory instrument, on the recommendation of the Authority, make regulations for the better carrying out of the provisions of this Act. (2) Without prejudice to the generality of subsection ( I ), the regulations made under that subsection may make provisions for­ (a) the taking of fees and levying of charges; (b) the procedures for accreditation and approval under this Act; (c) the withdrawal of accreditation, or approval, of a qualification accredited under this Act; and (d) any other matter necessary to give effect to the purposes and provisions ofthisAct.
Section 24Verify source

Legislative relationships

4 referenced instruments

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A–F

4 instruments

  • Authority's functions under this Act

    Section 19

  • Board ( 5) Subject to the other provisions of this Act

    Section 12

  • Board and staff of Authority Director and other staff Single copies of this Act

    Section 19

  • Board's functions under this Act

    Section 20

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  • 15 Apr 2011 · currentEnglish

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