Zambia Institute of Secretaries Act, 2022
Act 19 of 2022
- Published in Zambia Government Gazette on 9 December 2022
- Assented to on 6 December 2022
- Commenced on 9 December 2022
- [This is the version of this document from 9 December 2022.]
Part I – Preliminary provisions
1. Short titleThis Act may be cited as the Zambia Institute of Secretaries Bill, 2022.
2. InterpretationIn this Act, unless the context otherwise requires—"associate" has the meaning assigned to the word in the Anti-Corruption Act, 2012;"Chairperson" means a person appointed as Chairperson of the Disciplinary Committee under section 42;"chairperson" means a person appointed as chairperson of a Professional Conduct Committee under section 37;"certificate of registration" means the certificate of registration issued under section 15;"code of ethics" means the code of professional ethics adopted and published by the Institute for the purposes of this Act;"constitution" means the constitution of the Institute adopted in accordance with section 5;"Council" means the Council of the Institute constituted under section 8;"council member" means a person elected or nominated as a council member under section 8:"Disciplinary Committee" means the Disciplinary Committee constituted under section 42;"Higher Education Authority" means the Higher Education Authority established under the Higher Education Act, 2013;[Act No. 4 of 2013]"Institute" means the Zambia Institute of Secretaries established under section 3;"Law Association of Zambia" means the Law Association of Zambia established under the Law Association of Zambia Act;[Cap. 31]"legal practitioner" has the meaning assigned to the words "practitioner" in the Legal Practitioners Act;[Cap. 30]"legally disqualified" means the absence of legal capacity as provided in section 4 of the Mental Health Act, 2019;[Act No. 6 of 2019]"practising certificate" means a practicing certificate issued under section 23;"President" means the person elected as President of the Institute in accordance with section 6;"Professional Conduct Committee" means a Professional Conduct Committee constituted under section 37;"professional misconduct" means the conduct referred to under section 35;"professional secretary" means a person who has obtained a qualification in shorthand and typewriting and possesses a secretarial certificate, diploma in secretarial studies or degree in secretarial studies and includes typist, stenographer, legal secretary, personal secretary, senior personal secretary, executive assistant secretary, administrative assistant and principal executive assistant;"register" means the register of professional secretaries registered under this Act;"Registrar" means the person appointed as Registrar under section 10;"relative" has the meaning assigned to the word in the Anti-Corruption Act, 2012;[Act No. 3 of 2012]"secretarial bureau" means an office, organisation or institution that provides a secretarial service;"Technical Education, Vocational and Entrepreneurship Training Authority" means the Technical Education, Vocational and Entrepreneurship Training Authority established under the Technical Education, Vocational and Entrepreneurship Training Act, 1998;[Act No. 13 of 1998]"Vice-Chairperson" means the person appointed as Vice-Chairperson of the Disciplinary Committee under section 42;"vice-chairperson" means the person appointed as vice-chairperson of a Professional Conduct Committee under section 37;"Vice-President" means the person elected as Vice-President of the Institute under section 6; and"Zambia Qualifications Authority" means the Zambia Qualifications Authority established under the Zambia Qualifications Authority Act, 2011.[Act No. 3 of 2011]
Part II – The Zambia Institute of Secretaries
3. Continuation and renaming of Professional Secretaries Association of Zambia
4. Functions of InstituteThe functions of the Institute are to—
5. Constitution of Institute
6. President and Vice-President of InstituteThe Institute shall elect the President and Vice-President of the Institute in accordance with the provisions of the constitution.
7. Meeting of Institute
Part III – The Council of the Institute
8. Council of Institute
9. Functions of Council
10. Registrar and other staff
Part IV – Registration of professional secretaries
11. Classes of membershipThere shall be classes of membership with rights, privileges and obligations that may be prescribed in the constitution.
12. Prohibition of practising without registration
13. Application for registration as member
14. Determination of application for registration as professional secretaryThe Institute shall, in considering an application made under section 13, be satisfied that the applicant—
15. Certificate of registration
16. Disqualification from registrationA person shall not qualify for registration as a professional secretary under this Act, if that person—
17. Title for registered professional secretaryA registered professional secretary shall use the title or designation as prescribed in the constitution.
18. Change in detailsA professional secretary registered under this Act shall notify the Registrar of any change in the particulars relating to the registration within fourteen days of the change.
19. Suspension and cancellation of registration
20. ReregistrationWhere a certificate of registration is cancelled under section 19, the holder of the certificate of registration may, subject to the terms and conditions that the Institute may determine, apply for reregistration.
21. Prohibition of practising as professional secretary without practising certificate
22. Holding out as professional secretary
23. Practising certificate
24. Display of practising certificateA holder of a practising certificate shall display the practising certificate in a conspicuous place at the place of practice.
25. Renewal of practising certificate
26. Suspension and cancellation of practising certificate
27. Prohibition of transfer of certificate of registration or practising certificateA certificate of registration or practising certificate issued under this Act shall not be transferred to a third party.
28. Duplicate certificate of registration or practising certificate
29. Registration of secretarial bureau
31. Maintenance of non-practising professional secretary on registerThe Institute may, where a holder of a practising certificate does not intend to practice for a specified period of time, maintain the name of the holder of the practising certificate on the register, in a non-practising category, for that period of time.
32. Publication of copies of register
33. Offences regarding registered professional secretary
Part V – Disciplinary matters
34. Code of ethicsThe Institute shall develop and publish a code of ethics for professional secretaries which shall bind all professional secretaries regulated under this Act.
35. Professional misconductA professional secretary commits professional misconduct if that professional secretary—
36. Initiation of disciplinary action
37. Professional Conduct Committee
38. Reference of matters to Professional Conduct CommitteeExcept as otherwise expressly stated, before a matter is referred to the Professional Conduct Committee, the Institute shall in the prescribed manner refer the matter for investigation by the Professional Conduct Committee.
39. Functions of Professional Conduct Committee in relation to complaint or information
40. Proceedings of Professional Conduct Committee
41. Sanctions for professional misconduct by Professional Conduct CommitteeA Professional Conduct Committee may, where a Professional Conduct Committee finds a professional secretary guilty of professional misconduct—
42. Disciplinary Committee
43. Functions of Disciplinary Committee
44. Proceedings of Disciplinary Committee
45. Powers of Disciplinary Committee
46. Sanctions for professional misconduct by Disciplinary CommitteeThe Disciplinary Committee may, where the Disciplinary Committee, after due inquiry, finds a professional secretary guilty of professional misconduct—
47. Report by Disciplinary CommitteeThe Disciplinary Committee shall, within seven days from the date of the completion of a hearing, submit to the Council a report of the proceedings together with a copy of the record.
48. Rules relating to disciplinary proceedings
Part VI – Inspectors
50. Power of entry, search and inspection
Part VII – General provisions
51. False or misleading statement
53. Guidelines by Institute
55. Savings and transitional provisionsThe Second Schedule applies to the savings transitional arrangements relating to the Institute.
History of this document
09 December 2022 this version
06 December 2022