CODE OF CONDUCT FOR THE ZAMBIA

INSTITUTE OF ADVANCED LEGAL

EDUCATION STUDENTS

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CODE OF CONDUCT

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

SECTION

1. TITLE

2. INTERPRETATION

PART II

CONSTITUTION OF THE COMPLAINTS COMMITTEE

3. CONSTITUTION OF THE COMPLAINTS COMMITTEE

4. ELECTION OF CHAIRPERSON OF THE COMMITTEE
5. SECRETARY TO THE COMMITTEE
6. RENUMERATION OF MEMBERS
7. FUNCTIONS OF THE COMMITTEE
8. PROCEDURE FOR APPEAL
9. APPEAL TO BE IN WRITING
10. CONFIDENTIALITY OF APPEAL
11. ACKNOWLEDGMENT OF RECEIPT OF APPEAL
12. INVESTIGATION OF APPEAL
13. PROCEEDINGS OF COMMITTEE
14. COMMITTEE TO MEET AT VARIOUS PLACES
15. QUORUM OF A MEETING
16. CHAIRPERSON TO PRESIDE OVER MEETING
17. DECISION BY MAJORITY
18. COMMITTEE MAY INVITE OTHER PERSONS
19. DIRECTOR NOT TO BE A MEMBER OF COMMITTEE
20. PROHIBITION OF DISCLOSURE OF INFORMATION
21. INDEPENDENCE AND IMPARTIALITY OF THE COMMITTEE
22. MEMBERS NOT TO DISCRIMINATE
23. NO LEGAL REPRESENTATION PERMITTED
24. MEMBER NOT TO BE INFLUENCED
25. MEMBER NOT TO TAKE PART IN ANY MATTER IN WHICH
MEMBER HAS INTEREST

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PART III

STUDENTS AFFAIRS AND DISCIPLINE

26. STUDENT EXPECTED TO ATTEND ALL CLASSES

27. CELLPHONES
28. LEAVING OF INSTITUTE PREMISES
29. STUDENT TO DO PRACTICALS AND KEEP DIARY
30. STUDENT EXPECTED TO DRESS ACCORDING TO PRACTICE
DIRECTION
31. STUDENT NOT TO DRESS IN LOUD COLOURS
32. STUDENT TO SHOW PROPER RESPECT TO JUDGES
33. STUDENT TO ACCORD DUE RESPECT
34. STUDENT NOT TO USE ABUSIVE LANGUAGE
35. GENERAL ACTS OF MISCONDUCT

PART IV
ENFORCEMENT OF DISCIPLINARY CODE

36. ENFORCEMENT OF DISCIPLINE

37. DIRECTOR TO INVESTIGATE ACT OF MISCONDUCT
38. DIRECTOR TO COMMUNICATE DECISION TO STUDENT
39. MATTER CONSIDERED CLOSED IF STUDENT SATISFIED
40. STUDENT NOT SATISFIED TO APPEAL WITHIN SEVEN DAYS
41. DIRECTOR TO FURNISH COMMITTEE WITH
CORRESPONDENCE

PART V
MISCELLANEOUS

42. REGISTER OF COMPLAINTS

43. APPEALS
44. PREPS

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 PART I
PRELIMINARY

Title 1. This Code shall be called the Code of Conduct

For the Zambia Institute of Advanced Legal
Education and shall take effect from ------------

Interpretation 2. In this Code unless the context otherwise requires -

Cap 49 “Act” means the Zambia Institute of Advanced
Legal Education Act,

“Act of misconduct” means any conduct

stipulated
to be an act of misconduct in Part III of this Code.

“Committee” means the Complains Committee

constituted by the Council under section 10(2)(3)
of the Act.

“Council” means the Council of the Zambia Institute

of Advanced Legal Education established under the
Act.

“Director| means the person appointed Director

under the Act.

“Deputy Director” means the person appointed

Deputy Director under the Act.
Cap 30 “Legal Practitioner” has the meaning assigned to it
in the Legal Practitioners’ Act.

“member” means a member of the Complaints

Committee.

“Secretary” means the Secretary to the Council and

“Preps” means the period of study stipulated in

Section 43.

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 PART II

CONSTITUTION OF COMPLAINTS COMMITTEE

Constitution of 3. There is hereby constituted the Complaints

Complaints Committee Committee of the Council which shall consist of three
members appointed by the Council for such term as the
Council may determine.

Election of Chairperson 4. The member of the Committee shall elect the

Of the Committee Chairperson of the Committee from amongst themselves.

Secretary to Committee 5. The Secretary to the Council shall serve as

Secretary to the Committee.

Remuneration of members 6. Members of the Committee shall be paid such

allowance or remuneration as the Council may
determine.

Functions of Committee 7. The functions of the Committee shall be to –

(a) receive and hear any appeal concerning any

disciplinary action taken against a student
under this Code;
(b) submit its findings and recommendations to
the Council; and
(c) consider any other matter assigned to it by
the Council.

Procedure for appeal 8. A student who wishes to appeal against the

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 Disciplinary action taken by the Director shall lodge in
With the Secretary of the Committee.

Appeal to be in writing 9. An appeal shall be in writing stating the grounds

of the appeal and shall bear the signature of the student.

Confidentiality of 10. An appeal shall be treated as confidential.

Appeal

Acknowledgement of 11. Upon receipt of an appeal lodged by a student, the

Receipt of appeal Secretary shall send an acknowledgment to the student
Who lodged the appeal.

Investigation of appeal 12. The Committee shall on receipt of an appeal

investigate the grounds of the appeal within seven days.

Proceedings of Committee 13. The Committee may regulate its own procedure.

Committee to meet at 14. The Committee shall meet for the performance of

Various places its functions at such places and times as the members
May determine.

Quorum of meeting 15. Two members of the Committee shall form a

quorum at any meeting of the Committee.

Chairperson to preside 16. The Chairperson shall preside at every meeting of

Over meeting the Committee.

Decision by majority 17. A decision of the Committee shall be by a majority

of the members present and voting at a meeting.

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Committee may invite 18. Where the Committee is of the opinion that a
Other persons person who is not a member of the Committee is
required to attend a meeting, the person may be
invited to attend the meeting, but that person shall
not have a vote.

Director not be member 19. The Director shall not be a member of the
Of the Committee Committee.

Prohibition of disclosure 20. No person or member shall without the written

Of information consent of the Committee, publish or disclose to any
other person in the course of that person’s or member’s
duty, the contents of any document, communication or
information which relates to, and which has come to
that member’s or person’s knowledge in the course of his
or her duties under this Code.

Independence and 21. The Council shall uphold the integrity,

impartiality of Committee independence and impartiality of the Committee.

Members not to 22. A member of the Committee shall perform duties

Discriminate of that Committee without bias or prejudice and shall
not in the performance of his or her duties by word or
conduct, manifest bias, discrimination or prejudice,
based on race, tribe, sex, place of origin, marital status,
political opinion, colour or creed.

No legal representation 23. The Committee shall not allow a Legal Practitioner
Permitted or other officer of the Court to represent any part to any
proceeding before the Committee.

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Member not to be 24. A member of the Committee shall not, when
Influenced determining a matter before it be influenced by –

(a) partisan interest, public clamor or fear of criticism,

(b) personal, social, political or other interest, or
(c) any other factor than the guidelines provided by
the Council.

Member not to take part 25. (1) A member of the Committee shall not take part
In any matter in which in any consideration or discussion of any matter in
Member has interest which the member has a personal, legal or pecuniary
Interest whether directly or indirectly.
(2) A member of the Committee who is disqualified
under sub paragraph (1) shall at the commencement of
the proceedings or consideration of the matter, disclose
to the other members his or her interest in the matter,
and the Committee shall consider, in the absence
of the member, whether or not to waive the
disqualification.
(3) The disclosure of interest under this paragraph
shall be recorded in the minutes of the meeting at which
it was made.

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 PART III

STUDENTS AFFAIRS AND DISCIPLINE

Students expected to 26. A student following a course of study shall be expected

Attend all classes to attend lectures everyday from Monday to Friday, unless
excused with the permission of the Director. A breach of this
rule will be termed an act of misconduct and will attract the
following disciplinary action:

(a) first breach - verbal warning;

(b) second breach – written warning
(c) third breach – suspension from class for five days; and
(d) fourth breach – expulsion from the Institute

Cell phones 27. Cell phones shall be deposited at a place designated

for that purpose by the Director during lectures. A breach of
this rule shall be termed misconduct and will attract the
following action –

(a) first breach – confiscation of the cell phone for a period

of twenty four hours;
(b) second breach – confiscation of the cell phone for a
period of three days;
(c) third breach – fine of fifty thousand kwacha; and

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 (d) fourth and subsequent breach – fine of one hundred
thousand kwacha for each breach.

Leaving of Institute 28. A student shall not leave the Institute premises during
Premises lecture hours except with the permission of the Director. A
breach of this rule will be termed an act of misconduct and
will attract the following disciplinary action;

(a) first breach – verbal warning;

(b) second breach – written warning;
(c) third breach – suspension from class for five days ;
and
(d) fourth breach – expulsion from the Institute

Student to do practicals 29. A student shall be expected to do practicals from

and keep diary Monday to Thursday and shall keep such diary as may be
determined by the Director. A breach of this rule will be
termed an act of misconduct and will attract the following
disciplinary action:

(a) first breach – verbal warning;

(b) second breach – written warning;
(c) third breach – suspension from class for five days; and
(d) fourth breach – expulsion from the Institute.

Student expected to dress 30. A student shall be expected to dress according to

according to practice practice direction governing a lawyer’s attire. A breach
direction of this rule will be termed an act of misconduct and will
attract the following disciplinary action:

(a) first breach – verbal warning;

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 (b) second breach – written warning;
(c) third breach – suspension from class for five days; and
(d) fourth breach – expulsion from the Institute.

Student not to dress in 31. A student shall not dress bright red, yellow, green or
loud colours any other loud colour at the Institute premises. A breach of
this rule will be termed an act of misconduct and will attract
the following disciplinary action :

(a) first breach – verbal warning;

(b) second breach – written warning;
(c) third breach – suspension from class for five days; and
(d) fourth breach – expulsion from the Institute.

Student to show proper 32. A student shall show proper respect to Judges who are
Respect to Judges lecturers at the Institute by addressing them as “Judge” or
“My Lord”. A breach of this rule will be termed an act of
misconduct and will attract the following disciplinary action:

(a) first breach – verbal warning;

(b) second breach – written warning;
(c) third breach – suspension from class for five days; and
(d) fourth breach – expulsion from the Institute.

Student to accord due 33. A student shall accord due respect to all lecturers,
respect senior lawyers visiting the Institute and all staff of the
Institute. A breach of this rule will be termed an act of
misconduct and will attract the following disciplinary action:
(a) first breach – verbal warning;
(b) second breach – written warning;
(c) third breach – suspension from class for five days; and

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 (d) fourth breach – expulsion from the Institute.

Student not to use 34. A student shall be expected to behave in a dignified

abusive language manner and shall not use language that is abusive or
offensive. A breach of this rule will be termed an act of
misconduct and will attract the following disciplinary action:

(a) first breach – verbal warning;

(b) second breach – written warning;
(c) third breach – suspension from class for five days; and
(d) fourth breach – expulsion from the Institute.

General acts of misconduct 35. A student who ;

(a) gives false information to the Committee in relation to

a complaint;
(b) insults, interrupts or obstructs any member of the
Committee or the Secretary in the performance of that
member’s or Secretary’s function; or
(c) disobeys any instruction made under this Part;

will commit an act of misconduct and will attract the

following disciplinary action:

(i) first breach – verbal warning;

(ii) second breach – written warning;
(iii) third breach – suspension from class for five
days; and
(iv) fourth breach – expulsion from the Institute.

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 PART IV
ENFORCEMENT OF DISCIPLINARY CODE

Enforcement of discipline 36. All disciplinary measures shall lie with the Director
and in the absence of the Director, the Deputy Director shall
be responsible for disciplinary measures.

Director to investigate act 37. Where the Director receives a complaint that an act of
of misconduct misconduct has been committed by a student the Director
shall immediately institute investigations and upon being
satisfied that an act of misconduct has been committed, the
Director shall take the necessary disciplinary action on the
student in accordance with this Code.

Director to communicate 38. The Director shall communicate his or her decision
decision to student to the affected student and furnish a copy of the decision to
the Committee.

Matter considered closed 39. If a student is satisfied with the disciplinary action
if student satisfied taken against her or him the matter shall be considered
closed.

Student not satisfied to 40. If a student is not satisfied with the disciplinary action
appeal within seven days taken, the student may appeal, within seven days in writing
to the Committee, clearly stating his or her case and the
reasons why the student is not satisfied with the actions
taken by the Director.

Director to furnish 41. The Director shall furnish the Committee with all

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committee with correspondence and any other materials on the disciplinary
correspondence action taken.

PART V
MISCELLANEOUS

Register of appeals 42. The Secretary shall keep a register of appeals which
shall state:

(a) the name of the student making the appeal;

(b) the nature of the appeal; and
(c) the date and time when the appeal was lodged.

Appeals 43. (1) An appeal from a decision of the Director shall

be made to the Committee.

(2) If a student is not satisfied with the Committee’s

decision, the student may appeal to the Council
who will be the final authority on the matter.

Preps 44. A student shall attend preps at the Institute premises

as follows –

(a) Monday to Thursday – 16.15 hours to 17.00 hours and

(b) Fridays – 08.00 hours to 10.30 hours

Examination

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Irregularities’ 45. It shall be an offence for a student to be in
possession of an examination paper before an
examination.

A breach of this rule shall be termed misconduct and

will attract any of the following actions:

(a) Suspension from the Institute

(b) Expulsion from the Institute

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