Key Provisions of the ZAQA Act

Section 29 introduces a significant new requirement that employers, higher education institutions, and other organizations must follow. Specifically, section 29 states:

• A person shall not employ or appoint someone to a position unless their qualifications have been verified by the Authority.
• Higher education institutions, or institutions registered under the Technical Education, Vocational and Entrepreneurship Training Act, 1998, shall not enrol an individual in a study programme unless their qualifications have been verified by the Authority.
• Non-compliance with subsections (1) or (2) constitutes an offence, with penalties including a fine of up to 100,000 penalty units or imprisonment for up to one year, or both.

Implications for Employers and Institutions

From 16 August 2024, all employers in Zambia are required to verify the qualifications of any new employees. However, this law is not retroactive, meaning employers are not legally obligated to authenticate the qualifications of current employees—although ZAQA strongly recommends doing so.

In addition, appointments to office also require prior qualification verification. However, the Act does not define “appointment to office,” leaving some ambiguity in interpretation.

Higher education institutions, as well as those registered under the Technical Education, Vocational and Entrepreneurship Training Act, are also required to verify the qualifications of all prospective students before enrollment.

Compliance and Penalties

Employers, institutions, and organizations are encouraged to consult ZAQA for guidance on complying with these new provisions. Failure to adhere to the requirements could result in a fine of up to ZMW 40,000, imprisonment for up to one year, or both.

For more information, contact us at info@mbplegal.co.zm.