Education (Military Training Establishment of Zambia Management) (Dissolution) Regulations, 2018

1. These Regulations may be cited as the Education (Military Training Establishment of Zambia Management) (Dissolution) Regulations, 2018. Title

2. In these Regulations, unless the context otherwise requires— “ appointed date ” means the date on which the Establishment is Declared a public university by the Zambia Defence University (Declaration) Order, 2018; “ Establishment ” means the Military Training Establishment Interpreta- tion of Zambia; “ Management ” means the Military Training Establishment of Zambia Management; “ public university ” means a higher education institution established or declared as a public university under section 14 of the Higher Education Act, 2013; and “ Secretary to the Treasury ” means the Secretary to the Treasury appointed under Article 183 of the Constitution.

3. (1) The Management shall, from the commencement of these Regulations, act in all matters in accordance with the directions of the Minister and the Secretary to the Treasury. (2) The Minister shall, where the Minister is satisfied on the advice of the Secretary to the Treasury, that necessary arrangements have been made for converting the Establishment into a public university, direct that the Management be dissolved on the appointed date. Act No. 4 of 2013 Cap. 1 Interim arrangements Copies of this Statutory Instrument can be obtained from the Government Printer, P.O. Box 30136, 10101, Lusaka, Price K8.00 each 12 Statutory Instruments 26th January, 2018 Appointment Committee Act No. 15 of 2004 Vesting of assets and liabilities

4. The Secretary to the Treasury shall, for the purposes of winding up the affairs of the Management, appoint a committee pursuant to Section 43 of the Public Finance Act, 2004.

5. (1) The Management may, until the appointed date, subject to the direction of the Minister and the Secretary to the Treasury, do anything which is necessary or expedient for the purpose of converting the Establishment into a public university, including entering into and carrying out agreements and arrangements for the transfer of the Management’s property, rights, liabilities and obligations to the Zambia Defence University. (2) On the appointed date, there shall be transferred to and vest in or subsist against the Zambia Defence University, by virtue of these Regulations without further assurance, the affairs of the Management and subject to these Regulations all property, rights, liabilities and obligations which immediately before the appointed date were the property, rights, liabilities and obligations of the Management. (3) Subject to these Regulations, a deed, bond or agreement, other than an agreement of personal service, which was subsisting immediately prior to the appointed date and was vested in the Management or to which the Management was a party, whether in writing or not, whether or not of such a nature that the property, rights, liabilities and obligations under the deed, bond or agreement could be assigned shall, unless its terms and subject matter make it impossible that it should have effect, as modified in the manner provided by this sub-regulation, have effect from the appointed date as if— (a) Zambia Defence University is a party to the deed, bond or agreement and entitled to the benefit of the deed, bond or agreement; (b) for any reference to the Management there were substituted, with respect to anything falling to be done on or after the appointed date, a reference to Zambia Defence University; and (c) for any reference to an officer of the Management not being a party to Management and beneficially interested there were substituted as respects anything falling to be done on or after the appointed date, a reference to that officer as an officer of the Zambia Defence University. (4) Subject to sub-regulation (3), documents other than those referred to in that sub-regulation, which refer generally or specifically to the Management shall be construed in accordance with sub-regulation (3) as far as applicable. 26th January, 2018 Statutory Instruments 13 Registration of property to be transferred by establishment management Legal proceedings Staff of establishment management

6. Where, under these Regulations, any property, rights, liabilities or obligations of the Management are transferred by the Management to the Zambia Defence University in respect of which transfer any law provides for registration, the Zambia Defence University shall cause to be made an application, to the appropriate registration authority, for the registration of the transfer.

7. (1) Without prejudice to the other provisions of these Regulations, where any property, right, liability or obligation vests in the public university by virtue of these Regulations, the public university and all other persons shall, from the appointed date, have the same rights, powers and remedies and, in particular, the same rights to institute or defend legal proceedings or to make applications to any authority for ascertaining or perfecting that right, liability or obligation as they would have if it had at all times been a right, liability or obligation of the public university. (2) Any legal proceedings or application to any authority pending immediately before the appointed date by or against the Management may be continued by or against Zambia Defence University. (3) After the appointed date, proceedings in respect of any right, liability or obligation which was vested in, held, enjoyed, incurred or suffered by the Management may be instituted by or against the Zambia Defence University.

8. (1) On or after the appointed date, Zambia Defence University shall on the terms and conditions as it may determine, appoint as staff of the Zambia Defence University officers of the Management that may be necessary for the performance of the functions of Zambia Defence University. (2) Where an officer is appointed to the service of Zambia Defence University— (a) the terms and conditions of service with the Zambia Defence University shall be no less favourable than those the officer enjoyed in the service of the Management; and (b) personnel of the Management who are not engaged by the Zambia Defence University under sub-regulation (2) shall be redeployed to relevant units. LUSAKA 22nd January, 2018 [MSTVT.52/2/15] PROF. N. LUO, Minister of Higher Education 14 Statutory Instruments 26th January, 2018 26th January, 2018 Statutory Instruments 15 GOVERNMENT OF ZAMBIA STATUTORY INSTRUMENT NO. 3 OF 2018 The Higher Education Act (Act No. 4 of 2013) The Zambia Defence University (Declaration) Order, 2018 IN EXERCISE of the powers contained in section fourteen of the Higher Education Act, 2013, the following Order is made:

1. This Order may be cited as the Zambia Defence University Title (Declaration) Order, 2018.

2. The Military Training Establishment of Zambia is declared Zambia Defence University. Declaration of Zambia Defence University LUSAKA 22nd January, 2018 [MSTVT.52/2/15] PROF. N. LUO, Minister of Higher Education Copies of this Statutory Instrument can be obtained from the Government Printer, P.O. Box 30136, 10101, Lusaka, Price K4.00 each 16 Statutory Instruments 26th January, 2018