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Education (Amendment) Act, 2026

Section 12 is amended to set school education stages and allow educational institutions to provide certain learning programmes and offer some adjacent education levels. This section replaces subse…

citizenship proofcurriculum stagescurriculum structureeducationeducation accesseducation definitionseducation institutionseducation providerseducation restructuringeducation stagesguidelinesministerial fee-settingpenaltiespublic educationpublicationschool classificationschool feesschool systemschool transformationstatutory amendment

Jurisdiction: Zambia
Structure: 15 provisions
Citation: Act 17 of 2026
Dates: Source version 12 Jun 2026

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Dates: Source version 12 Jun 2026

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“Section 12 is amended to set school education stages and allow educational institutions to provide certain learning programmes and offer some adjacent education levels.”

Section 12 is amended to set school education stages and allow educational institutions to provide certain learning programmes and offer some adjacent education levels. This section replaces subsection (2) of section 13 so that the fundamental school system is organized into listed units. A person has a right to early childhood, primary, secondary, and youth/adult literacy education, subject to the Constitution and the rest of the Act. Section 15 is repealed and replaced with a new section titled “Right to free education.” Citizen children have a right to free education; parents or guardians must provide proof of the child’s citizenship at enrolment, and helping a non-citizen child access free education is an offence.

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Section 12 of the principal Act is amended by the deletion of

Section 12 is amended to set school education stages and allow educational institutions to provide certain learning programmes and offer some adjacent education levels.

Section 3

(1) A child who is a citizen shall have the

Citizen children have a right to free education; parents or guardians must provide proof of the child’s citizenship at enrolment, and helping a non-citizen child access free education is an offence.

Section 15

Section 95 of the principal Act is amended by the deletion of

This amendment replaces subsection (4) of section 95 with a list of the learner’s key stages.

Section 9

The principal Act is amended by the insertion of the

This provision amends the principal Act by inserting a new section immediately after section 131.

Section 13

Paragraph 2 of the Schedule to the principal Act is amended

The amendment sets a timetable for transforming certain educational institutions from basic/high schools into primary/secondary schools.

Section 15

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Source record from zambialii.org · Source version 12 Jun 2026

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Showing 15 of 15 provisions

Substitution 8Amendment 3Repeal 2Provision

§ 3Section 12 of the principal Act is amended by the deletion ofSubstitution

Section 12 is amended to set school education stages and allow educational institutions to provide certain learning programmes and offer some adjacent education levels.

3. Section 12 of the principal Act is amended by the deletion of — (a) subsection (1) and the substitution therefor of the following: Amendment of section 12 (1) The system of school education shall be organised into the following progressive stages: (a) early childhood care, development and education; (b) primary education; (c) secondary education; and (d) tertiary education.; (b) subsection (2) and the substitution therefor of the following: (2) Subject to the other provisions of this Act, an educational institution may establish and maintain open and distance learning, youth and adult literacy education and skills training.; and (c) subsection (4) and the substitution therefor of the following: (4) Despite subsection (3), an educational institution offering— (a) primary education may offer early childhood care, development and education; and 598 No. 17 of 2026] Education (Amendment) (b) secondary education ordinary level may offer secondary education advanced level. Amendment of section 13

Section 3Verify source

§ 4Section 13 of the principal Act is amended by the deletionSubstitution

This section replaces subsection (2) of section 13 so that the fundamental school system is organized into listed units.

4. Section 13 of the principal Act is amended by the deletion of subsection (2) and the substitution therefor of the following: (2) The fundamental school system shall be organised into the following units: (a) early childhood care, development and education; (b) primary school; (c) school for continuing education; (d) secondary school; and (e) tertiary institution. Amendment of section 14 Cap. 1

Section 4Verify source

§ 5Section 14 of the principal Act is amended by the deletionRepeal

A person has a right to early childhood, primary, secondary, and youth/adult literacy education, subject to the Constitution and the rest of the Act.

5. Section 14 of the principal Act is amended by the deletion of subsection (1) and the substitution therefor of the following: (1) Subject to the Constitution and the other provisions of this Act, a person has the right to— (a) early childhood care, development and education; (b) primary education; (c) secondary education; and (d) youth and adult literacy education. Repeal and replacement of section 15

Section 5Verify source

§ 6The principal Act is amended by the repeal of section 15Repeal

Section 15 is repealed and replaced with a new section titled “Right to free education.”

6. The principal Act is amended by the repeal of section 15 and the substitution therefor of the following: Right to free education

Section 6Verify source

§ 15(1) A child who is a citizen shall have theAmendment

15. (1) A child who is a citizen shall have the right to free education. (2) Despite subsection (1), the right to free education shall apply to a citizen who was enrolled as a child in a public educational institution but becomes an adult while still enrolled in a public educational institution. (3) Subject to subsection (1), a child’s parent, guardian or person having parental responsibility for a child who intends to seek free education referred to under subsection (1) shall, at the time of enrolment, provide proof of citizenship of that child, as prescribed. Education (Amendment) [No. 17 of 2026 599 (4) A person who aids, abets, counsels, procures or solicits the access to free education referred to under subsection (1), for a child who is not a citizen, commits an offence and 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.

Section 15Verify source

§ 7Section 35(1) of the principal Act is amended by the deletionSubstitution

This provision amends section 35(1) by replacing paragraph (a) with new wording about establishing and maintaining an educational institution for learners.

7. Section 35(1) of the principal Act is amended by the deletion of paragraph (a) and the substitution therefor of the following: Amendment of section 35 (a) establish and maintain an educational institution for the purpose of providing to learners— (i) early childhood care, development and education; (ii) primary education; (iii) secondary education; (iv) youth and adult literacy education; (v) teacher education and training; (vi) open and distance learning education; and (vii) skills training.

Section 7Verify source

§ 8Section 84 of the principal Act is amended by the deletionSubstitution

Section 84 is amended by deleting paragraph (e) and replacing it with a new paragraph (e).

8. Section 84 of the principal Act is amended by the deletion of paragraph (e) and the substitution therefor of the following: Amendment of section 84 (e) regulate the conditions of enrolment of a learner at an aided educational institution and determine, in consultation with the Minister, the fees and charges, if any, payable by a learner to the board of management;.

Section 8Verify source

§ 9Section 95 of the principal Act is amended by the deletion ofSubstitution

This amendment replaces subsection (4) of section 95 with a list of the learner’s key stages.

9. Section 95 of the principal Act is amended by the deletion of subsection (4) and the substitution therefor of the following: Amendment of section 95 (4) For the purposes of this Part, the key stages of a learner are as follows: (a) day care, which is the first key stage; (b) nursery, which is the second key stage; (c) reception, which is the third key stage; (d) lower primary, which is the fourth key stage; (e) upper primary, which is the fifth key stage; 600 No. 17 of 2026] Education (Amendment) (f) secondary education ordinary level, which is the sixth key stage; (g) secondary education advanced level, which is the seventh key stage; and (h) tertiary, which is the eighth key stage. Amendment of section 98

Section 9Verify source

§ 10Section 98(2) of the principal Act is amendedSubstitution

This section amends section 98(2) of the principal Act by replacing two phrases in paragraphs (b) and (c).

10. Section 98(2) of the principal Act is amended— Amendment of section 108 Amendment of section 119 (a) in paragraph (b), by the deletion of the words “any lower basic” and the substitution therefor of the words “a lower primary”; and (b) in paragraph (c), by the deletion of the words “basic to high” and the substitution therefor of the words “primary to secondary”.

Section 10Verify source

§ 11Section 108(1) of the principal Act is amendedAmendment

This section amends section 108(1) of the principal Act by deleting the word “basic” from paragraph (d) and paragraph (e).

11. Section 108(1) of the principal Act is amended— (a) in paragraph (d), by the deletion of the word “basic”; and (b) in paragraph (e), by the deletion of the word “basic”.

Section 11Verify source

§ 12Section 119 of the principal Act is amendedSubstitution

This section changes school-fee rules for public, community, aided, and private educational institutions, and creates an offence for non-compliance.

12. Section 119 of the principal Act is amended— (a) by the deletion of subsections (1) and (2) and the substitution therefor of the following: (1) A public educational institution and a community educational institution offering education from early childhood care, development and education, primary school and secondary school shall not charge admission, tuition and accommodation fees. (2) Despite subsection (1) the Minister may, by statutory instrument, prescribe the fees payable in a public educational institution and a community educational institution in respect of services or programmes not covered under free education.; (b) by the insertion of the following new subsections immediately after subsection (2): (3) An aided educational institution shall, in consultation with the Minister, charge admission, accommodation and tuition fees as may be determined by a board of management. Education (Amendment) [No. 17 of 2026 601 (4) A private educational institution shall charge admission, accommodation and tuition fees as may be determined by a board of management.; (c) by the deletion of subsection (5) and the substitution therefor of the following: (5) A person who contravenes this section, 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.; and (d) by the renumbering of subsections (3), (4) and (5) as subsections (5), (6) and (7), respectively.

Section 12Verify source

§ 13The principal Act is amended by the insertion of theAmendment

This provision amends the principal Act by inserting a new section immediately after section 131.

13. The principal Act is amended by the insertion of the following new section immediately after section 131:

Section 13Verify source

§ 131A(1) The Minister may, in the exerciseProvision

The Minister may issue guidelines under the Act, but must publish them. The guidelines start on publication and bind all persons on matters relating to the Act.

131A. (1) The Minister may, in the exercise of the functions under this Act, issue guidelines that are necessary for the better carrying out of the provisions of this Act. (2) The Minister shall publish the guidelines issued under this Act in a daily newspaper of general circulation in the Republic or in the Gazette and any other electronic means that the Minister may determine. (3) The guidelines issued by the Minister shall take effect on the date of publication and shall bind all persons on matters relating to this Act. Insertion of section 131A Guidelines

Section 131AVerify source

§ 14Section 132 of the principal Act is amendedSubstitution

This section amends section 132 of the principal Act by updating school-related definitions and adding fees for a child who is not a citizen.

14. Section 132 of the principal Act is amended— Amendment of section 132 (a) in subsection (2)— (i) by the deletion of paragraph (c) and the substitution therefor of the following: (c) the transformation of an educational institution from a basic school and high school into a primary school and secondary school; (ii) by the insertion of the following new paragraph immediately after paragraph (f): 602 No. 17 of 2026] Education (Amendment) (g) fees payable in respect of a child who is not a citizen; and (iii) by the renumbering of paragraphs (g), (h), (i), (j), (k), (l), (m), (n) and (o) as paragraphs (h), (i), (j), (k), (l), (m), (n), (o) and (p), respectively.; and (b) by the insertion of the following new subsection immediately after subsection (3): (4) In this section, unless the context requires— “basic education “ means education from early childhood care, development and education to grade nine; “public basic school” means a school that provides basic education; “high school” means a school that provides high school education; and “high school education” means education from grade ten to grade twelve. Amendment of Schedule

Section 14Verify source

§ 15Paragraph 2 of the Schedule to the principal Act is amendedCommencement

The amendment sets a timetable for transforming certain educational institutions from basic/high schools into primary/secondary schools.

15. Paragraph 2 of the Schedule to the principal Act is amended by the deletion of subparagraph 2 and the substitution therefor of the following: (2) The transformation of an educational institution from a basic school and a high school to a primary school and secondary school referred to under section 132(2)(c) shall commence on 30th May, 2026 until 30th May, 2031, after which the basic school and high school shall be phased out or transformed into a primary school or secondary school, as the case may be, in accordance with this Act.

Section 15Verify source

Legislative relationships

4 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

1 instrument

Act. 5. Section 14 of the principal Act
Section 5

N–S

2 instruments

principal Act
Sections 10, 11, 14
Schedule to the principal Act
Section 15

T–Z

1 instrument

This provision amends the principal Act
Section 13

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12 Jun 2026 · currentEnglish

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