The objectives of this Bill are to amend the Higher Education Act No. 4 of 2013 so as to redefine the functions of the Higher Education Authority (HEA); reconstitute the Board of the Authority; redefine the categories of Higher Education Institutions (HEIs); and provide for accreditation of Learning Programmes (LPs) for HEIs.

It has been noted that various higher learning institutions have authority to accredit LPs both for foreign and local higher learning institutions. This has created a duplication of functions between HEA and other higher learning institutions. Cabinet felt the need to remove the duplication that currently exists between the Authority and other higher education learning institutions and bring about order in terms of accreditation of LPs for both local and foreign learning institutions.

Following the approval by Cabinet to amend the Higher Education Authority Act No. 4 of 2013, Cabinet also approved amendments of other consequential legislation across the higher learning institutions and these are as follows:

1. The Zambia Institute of Purchasing and Supply (Amendment) Bill, 2021, and The Accountants (Amendment) Bill, 2021 under the Ministry of Finance;
2. The Zambia Institute of Advanced Legal Education (Amendment) Bill, 2021, under the Ministry of Justice;
3. The Zambia Institute of Marketing (Amendment) Bill, 2021 under the Ministry of Commerce, Trade and Industry;
4. The Zambia Chartered Institute of Logistics and Transport (Amendment) Bill, 2021 and The Engineering Institution of Zambia (Amendment) Bill, 2021 under the Ministry of Transport and Communications;
5. The Health Professions (Amendment) Bill, 2021 under the Ministry of Health;
6. The Zambia Institute for Tourism and Hospitality Studies (Amendment) Bill, 2021 under the Ministry of Tourism and Arts; and
7. The Urban and Regional Planners (Amendment) Bill, 2021 under the Ministry of Local Government.

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The Ministry of Higher Education (MoHE) held a consultative meeting with the Ministry of Justice (MoJ) in order to finalise the resolutions of the overlaps in other statutory regulations that affects the Draft Higher Education (Amendment) Bill, 2020.

This meeting followed a series of consultative Technical Meetings that MoHE held with key stakeholders in the higher education sector on the proposed Draft Higher Education (Amendment) Bill, 2020, in order to get input that would harmonise the existing statutes in order for the Draft Higher Education (Amendment) Bill, 2020 to be effectively implemented.

The resolutions of the overlaps with current statutes were important in order for the Draft Higher Education (Amendment) Bill, 2020 not to be drafted in isolation of the existing statutes that empower certain authorities and institutions to carry out functions that should be reserved for the Higher Education Authority (HEA).

The conflicting legislations that were identified and worked on include the Zambia Chartered Institute of Logistics and Transport Act No.4 of 2014, the Zambia Institute of Marketing Act No.14 of 2003, the National Institute of Public Administration Act No.15 of 1998, the Zambia Institute of Purchasing and Supply Act No.15 of 2003, the Accountants Act No.13 of 2008, the National Council for Construction Act No.13 of 2003, the Zambia Institute for Tourism and Hospitality Studies Act No. 42 of 2016, the Engineering Institution of Zambia (EIZ) Act No. 17 of 2010, the Health Professions Act No.24 of 2009, the Nurses and Midwives Act No.10 of 2019, the Zambia Qualifications Authority Act No. 13 of 2011, the ZIHRM Act No.11 of 1997, the ZIALE Act No. No.37 of 1996, and, the TCZ Act No.5 of 2013.

The meeting, which was held at Radisson Blu Hotel in Lusaka, was facilitated by HEA.