A group of 120 students at Zambia Institute of Advanced Legal Education (ZIALE) has taken the institution and the Minister of Justice to Lusaka High Court, challenging the implementation of new rules that introduce a three-attempt limit for Legal Practitioners’ Qualifying Examination (LPQE).
The students, led by Anna Nyirongo and 119 others, have filed an application for judicial review, arguing that ZIALE (Student) Rules, 2025 are being applied retrospectively to students who enrolled under earlier regulatory frameworks.
The applicants contend that the new rules, introduced by the minister of Justice and implemented by ZIALE Council, could prevent some students from sitting examinations, completing their legal training or qualifying for admission to legal practice.
Court documents indicate that the students enrolled under the 1985 and 2021 regulatory regimes and argue that the 2025 rules should not apply to them retrospectively.
They claim that some affected students have been excluded from examinations, denied opportunities to sit repeat examinations or had petitions rejected without being given individual reasons.
The students argue that Zambia Institute of Advanced Legal Education Act does not empower the minister of Justice to enact regulations with retrospective effect.
“The applicants aver that the application of the ZIALE (Student) Rules, 2025 to students who commenced their studies under earlier regulatory regimes is unlawful, arbitrary and contrary to established principles governing the prospective operation of delegated legislation,” court documents state.
They further argue that the disputed rules could delay their completion of legal training and negatively affect their professional progression and admission to the legal profession.
The applicants state that although the 2025 rules were introduced last year, examinations continued under the previous framework, including the 2026 repeaters’ examinations.
They are seeking declarations that the rules and related administrative decisions are unlawful, an order quashing the retrospective application of the regulations, and a directive compelling ZIALE to allow affected students to sit examinations.
The students have also asked the court to grant a stay of the disputed decisions pending determination of the matter, expedite hearing of the case and award costs.
-ZDM