Let “Failed ZIALE” Students Take Exams – Court

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By Dickson Jere
Over 50 students enrolled at ZIALE for the Bar Examination in order to be admitted as Advocates of the High Court. But they failed three times and were excluded from further exams.
However, the ZIALE Students Rules of 1985 – which was applicable when these enrolled – allowed students who failed three times to come back for fourth attempt subject to five year ban.
But in 2021, these Rules changed. So, when the 50 students applied to retake the exams, they were denied based on the new Rules. No cogent reasons were given by ZIALE even though other students in similar circumstances were selectively allowed to retake the exams.
The 50 students were livid!
They argued that ZIALE cannot use the 2021 Rules on them when they were enrolled under the 1985 ones. Simply, the new Rules could not be implemented in retrospect or backdated.
They also disclosed that other students who failed three times were allowed to retake the exams while others were excluded, which was in violation of equality before the law.
They appealed to the High Court, arguing that ZIALE discriminated against them and were not told the reasons for stopping them to attempt the exams for the fourth time.
The Judge heard the Appeal and decided thus;
“I find that the Respondent (ZIALE) unlawfully applied the Student Rules of 2021 retrospectively to bar the Appellants from exercising their rights to further examination attempt…” the Judge said.
“That conduct was not only unjust but also contrary to established principles of statutory interpretation,” the Judge said.
The Court also noted that ZIALE did not give these students valid reasons as to why they could not be allowed to retake the exams but only indicated in the letter that “failure to meet the threshold”.
“Accordingly, I find that the Respondent failure to provide adequate reasons contravened the principles of procedural fairness and natural justice,” the Judge ruled.
“In the Zambian context, the requirement to give reasons is amplified by the constitutional right to be heard and receive fair treatment in administrative proceedings…” the Court added.
The Court quashed the decision of ZIALE and ordered that these students be allowed to sit for the fourth time subject only to any “standard administrative formalities necessary to arrange for such sitting”.
“In light of the findings above, this Court is satisfied that the appeal is meritorious and must succeed in its entirety,” the Court ruled and awarded legal costs to the students.
Case citation – Nshitima & 50 Others v Council of Zambia Institute of Advanced Legal Education (ZIALE) – 2022/HP/A001 and Judgement delivered last month June 2025.
Lecture Notes;
1. This case underscores the need for public bodies to treat people who are similarly circumstanced in the same way as well as the right to be heard. It also makes it clear that laws are never backdated unless the same law says so.

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