Part 5 » Membership, Registration and Practising Certificate

14. Classes of membership

1. There shall be such classes of membership as shall be provided for in the constitution of the Association.
2. Each class of membership shall have such rights, privileges and obligations as may be provided for in the constitution of the Association.
3. A person may apply to the Association for registration as a member in accordance with the provisions of the constitution of the Association.
4. A statutory corporation, a company, an association or other body, division, government department or section which is directly engaged in information and communications technology activities or is professionally interested in information and communications technology or an allied discipline in Zambia may, on application to the Association be admitted as a corporate member on such terms and conditions as the Association may specify.

15. Recognition of foreign qualifications

The Minister may, on the recommendation of the Association, by statutory instrument, recognise any local and foreign qualifications accredited by the Zambia Qualification Authority for purposes of registration under this Act.

16. Certificate of registration

1. The Association shall issue a registered information and communications technology professional with a certificate of registration showing the information and communications technology professional class of membership.
2. A certificate of registration shall remain the property of the Association.

17. Membership fees

The Council may determine different fees for different classes of membership.

18. Suspension or expulsion of information and communications technology professionals

1. An information and communications technology professional may be expelled or suspended from the Association by a special resolution of the Council on the recommendation of the Professional Ethics and Compliance Committee, where—
   1. the Association has reasonable grounds to believe that the registration was obtained through fraud, mis- representation or concealment of any material fact;
   2. an information and communications technology professional is found guilty of professional misconduct under this Act or the Code of Conduct;
   3. an information and communications technology professional is convicted of an offence involving dishonesty; or
   4. the circumstances have arisen disqualifying the person from continuing as an information and communications technology professional.
2. The Association shall, before suspending or expelling the member under subsection (1), give the member an opportunity to be heard.
3. A person that has been expelled from membership of the Association shall not be readmitted without the authority of a special resolution of the Council.

19. Titles for registered information and communications technology professionals

1. An information communications technology professional registered under this Act, shall use the following titles and abbreviations:

   Title	Abbreviation
   Fellow	FLICTAZ
   Full Member	FMICTAZ
   Associate	ASICTAZ
   Affiliate	AFICTAZ
   Licentiate	LCICTAZ
   Student	STICTAZ
   Corporate	CMICTAZ

2. A person shall not use a title or abbreviation under subsection (1) unless that person is registered in accordance with this Act.

3. A person who contravenes subsection (2) commits an offence, and is liable, on conviction, to a fine not exceeding eight hundred thousand penalty units or to imprisonment for a period not exceeding eight years or to both.

20. Holding out

1. A person shall not practice as an information and communications technology professional, unless that person holds a practising certificate issued by the Board under this Act.
2. A person shall not impersonate or use the title of a registered information and communications technology professional while not registered to practice as such under this Act.
3. A person shall not employ or engage any person who does not hold a practising certificate.
4. A person shall not operate, either on that person’s own behalf or on behalf of another person, an information and communications technology business that does not have a registered member with a valid practising certificate in its employment.
5. A person who contravenes this section commits an offence and is liable, on conviction, to a fine not exceeding seven hundred thousand penalty units or to imprisonment for a term not exceeding seven years, or to both.
6. For the purposes of subsection (4), “practice” means the provision of a service for remuneration—
   1. to the entity that provides an information and communications technology service to the public; or
   2. in relation to a system infrastructure that is part of a network.

21. Application for practising certificate

1. An information and communications technology professional shall apply to the Board for a practising certificate in the prescribed manner and form upon payment of the prescribed fee.
2. The Board shall, on receipt of an application under subsection (1), and where the application meets such requirements as may be prescribed, issue the applicant with a practising certificate.
3. The Board shall register an applicant as a practising information and communications technology professional where the Board is satisfied that—
   1. the applicant is of good character and good professional standing; and
   2. meets such other requirements as the Association may determine.
4. The Board may register a person as a practising information and communications technology professional under this Act if the person is not a citizen of Zambia or is not practising or working as an information and communications technology professional in Zambia prior to the application if that person—
   1. is engaged to work as an information and communications technology professional in Zambia under an international agreement entered into by the Republic; or
   2. undertakes such number of courses as the Board may determine.
5. A practising certificate issued under subsection (1) shall take effect on the day it is issued and shall continue in force until the 31st December in each year.
6. A certificate issued under this Part shall contain such terms and conditions as the Board may determine.
7. A practising certificate shall be renewed annually upon the payment of the prescribed fees and shall be displayed at the place of practice.

22. Prohibition of establishment of practice without certificate

1. A person shall not set up a practice as an information and communications technology professional, unless that person holds a practising certificate issued by the Association under this Act.
2. A person who contravenes subsection (1) commits an offence and is liable, upon conviction, to a fine not exceeding five hundred thousand penalty units or to imprisonment for a term not exceeding five years, or to both.

23. Display of certificate

A holder of a practising certificate shall display the practising certificate, in a conspicuous place at the place of practice.

24. Renewal of certificate

1. A practising certificate shall be renewed annually in the prescribed manner and form upon payment of the prescribed fee.
2. A practising certificate that is not renewed in accordance with subsection (1) is invalid.
3. An information and communications technology professional who practises during any period in which the information and communications technology practising certificate is invalid commits an offence and is liable, on conviction, to a fine not exceeding five hundred thousand penalty units or to imprisonment for a term not exceeding five years, or to both.

25. Cancellation of practising certificate

1. The Board shall cancel a practising certificate if the holder—
   1. is found guilty of any professional misconduct;
   2. is convicted of an offence involving dishonesty;
   3. is mentally or physically incapable of practising;
   4. is an undischarged bankrupt;
   5. obtained the certificate through fraud, misrepresentation or concealment of a material fact; or
   6. commits an offence under this Act.
2. Where the registration of any person is cancelled under this Part, the practising certificate held by that person shall become void.
3. The Board shall before cancellation of a practising certificate under subsection (1) give an information and communications technology professional thirty days notice of the intention to cancel and require the information and communications technology professional opportunity to show cause why the information and communications technology professional’s practising certificate should not be cancelled.
4. The cancellation of a practising certificate under subsection (1) shall be published in newspaper of daily circulation, Journal and Gazette.
5. The Board may, before cancelling the practising certificate suspend the information and communications technology professional for such period and on such terms and conditions as the Association may determine.

26. Registration of firms

1. A person who registers a firm of information and communications technology under the Registration of Business Names Act, 2011
   ℹ️
   shall register the firm with the Association in the prescribed manner and form upon payment of the prescribed fee.
2. The Association shall register a firm of information and communications technology by entering in the Register in Zambia, the name of the firm as registered under the Registration of Business Names Act, 2011 together with the name of each partner of the firm and any other information as may be prescribed.
3. A firm of information and communications technology shall notify the Board of any change in its name, composition, address or other information as may be prescribed, not later than thirty days after the date on which such change takes place.
4. A firm of information and communications technology shall furnish the following information to a client or a prospective client:
   1. the firm’s name or title under which the information and communications technology professional practices;
   2. the place or places of business of the firm in which the information and communications technologyprofessional is in practice as a partner or employer;
   3. the full names of all the registered partners; and
   4. the information and communications technology professional’s nationality, first names or initials, surname and ordinary residential address.
5. A firm registered under this section shall obtain professional insurance, in the prescribed manner, to cover any liability which may be incurred as a result of the negligence or recklessness in the conduct of the practice by the partners of the firm.
6. Where a firm obtains professional insurance in accordance with subsection (5), the liability of the partners shall be limited to the extent prescribed.

27. Registration of information and communications technology students

The Association shall register students of information and communications technology in accordance with the provisions of the constitution of the Association.

28. Registers

1. The Registrar shall maintain a register of all persons registered under this Act in which the Registrar shall enter details relating to—
   1. information and communications technology professionals;
   2. the holders of practising certificates and persons whose certificates have been cancelled;
   3. the applications rejected and the reasons for the rejection; and
   4. any other information that the Association may determine.
2. The Register shall be kept in the custody of the Registrar at the offices of the Association and shall be open for inspection by members of the public during normal office hours upon payment of such fee as the Board may determine.
3. The Registrar may, upon application by any person, issue to the person a certified extract from the Register of a copy of a certificate of registration or practising certificate, upon payment of such fee as the Board may determine.

29. Removal and restoration of name on Register

1. The Minister may, on the recommendation of the Board, make regulations prescribing the circumstances and manner in which an information and communications technology professional—
   1. may be removed from the register; and
   2. who is removed from the register, may be restored on the register and the fee to be paid for the restoration.
2. Subject to subsection(1), an information and communications technology professional who is removed from the register ceases to be registered as an information and communications technology professional.
3. The Board 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.

30. Disqualification

A person shall not qualify for registration as a practising information and communications technology professional under this Act or as a member under the constitution of the Association, if that person has been —

1. convicted of an offence involving dishonesty in the execution of that person’s duties as an information and communications technology professional;
2. declared to be mentally and physically incapable of practising; or
3. found by the Professional Ethics and Compliance Committee established under section 36 to be guilty of professional misconduct.

31. Offences regarding information and communications technology professionals

1. A person commits an offence who—
   1. makes or causes to be made, an unauthorised entry, alteration or erasure in the Registers, certificate of registration, practising certificate or in any copy thereof; or
   2. procures or attempts to procure for that person or any other person a practising certificate, or registration of any matter by means of fraud, misrepresentation or concealment of any material fact.
2. A person under subsection (1) is liable, on conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a term not exceeding ten years, or to both.

32. Information and communications technology standards

An information and communications technology professional shall practice in accordance with the information and communications technology standards determined by the Association and such agreed procedures as the client contract may specify and such fact shall be disclosed in the audit report.

33. Re-registration

Where a certificate of registration has been cancelled or suspended, the holder of the certificate of registration may, subject to such terms and conditions as the Council may determine, apply for re-registration.

34. Duplicate certificate of registration

1. A person whose certificate of registration is destroyed or lost may apply to the Registrar for a duplicate certificate in the prescribed manner and form on payment of the prescribed fee.
2. The Registrar may, on receipt of an application under subsection (1), issue a duplicate certificate of registration to the applicant.

35. Fees for information and communications technology professional services

A holder of a practising certificate shall for professional services rendered, charge such fees as the Minister may prescribe, by statutory instrument, on the recommendation of the Council.

36. Exemption

1. The Council may in consultation with the Minister, exempt a person or class of persons from the provisions of this Part.
2. The exemption under subsection (1) shall be in writing and shall contain such conditions as shall be considered necessary by the Council and such exemption shall only apply to holders of appointment as information and communications technology professional.