STUDENTS SUE ZIALE FOR ENFORCING NEW RULES

A legal storm is brewing at the Zambia Institute of Advanced Legal Education (ZIALE) after 120 students marched to the Lusaka High Court, accusing the institution of changing the rules after they had already begun their journey to becoming lawyers.

The students, represented by Anna Nyirongo and 119 others, are challenging the enforcement of the 2025 ZIALE Student Rules, particularly a provision limiting candidates to three attempts at the Legal Practitioners' Qualifying Examination (LPQE).

Their complaint is straightforward, they signed up under older rules, not the new ones.

According to the students, they enrolled when the 1985 and 2021 regulations were in force, and they expected to complete their studies under those same regulations.

Instead, they say the new rules are now being applied to them midway through their studies, putting their legal careers at risk.

Court documents show that some students have already felt the impact after being prevented from sitting examinations, denied opportunities to rewrite papers, while others say their appeals were dismissed without being given clear reasons.

The students argue that the Minister of Justice and the ZIALE Council acted outside the law by applying regulations retrospectively.

They maintain that the law establishing ZIALE does not give the Minister powers to introduce rules that affect students who were already admitted under previous regulations.

They are also questioning why examinations continued under the old system even after the 2025 rules had been introduced, including examinations for repeat candidates held this year.

The students now want the High Court to cancel the decisions made under the disputed rules, stop ZIALE from enforcing them against existing students, and order the institution to allow affected candidates to continue sitting their examinations while the matter is being determined.

If the court rules in their favour, the decision could affect how ZIALE applies its new regulations to students who were already enrolled before the rules came into force.

JUST TO UNLOCK YOUR MIND

This case is not about whether the three-attempt rule is good or bad.

The real question before the court is whether new rules can legally be applied to students who joined under different rules.

In law, regulations are generally expected to work going forward, unless legislation clearly states that they should apply retrospectively.

That is the legal principle the 120 students are asking the High Court to determine.

[Brave Heart News  | UnlockingMinds]