Action Aide Zambia Country Director Nalucha Ziba says Higher Education Minister Nkandu Luo has got no powers to abolish meal allowances for university students because the allowance is a legal entitlement.
In a statement, Ziba said Luo cannot, by virtue of the powers conferred in Section 37 of the higher education loans and a scholarship, purport to abolish a loan, allowance or scholarship prescribed by law.
“The government, through the Minister of Higher Education Professor Nkandu Luo, has confirmed that all new students in higher learning institutions will now not receive meal allowances. According to Prof Luo, the government wants parents or guardians of these students on bursaries to provide the needed meal allowances. However, meal allowances are a legal entitlement according to Section 24 (1) (b) to (c) of the higher education loans and a scholarship Act number 31 of 2016 which state that; ‘a prescribed sum of money per academic year to assist in defraying the cost of books and other supplies required by the student in the student’s faculty or department at the higher education institution; and a living allowance in the prescribed amount per academic year,” Ziba stated.
“A meal allowance is therefore captured within a living allowance in the prescribed amount per academic year as per Section 24 (1) (c) of the said Act. Therefore, the Minister and the Higher Education Board have no power to abolish provisions of the meal allowances for public universities. Although Section 37 (1) of the said Act empowers the Minister, by statutory instrument, to make regulations for implementation of the provisions of the Act, the Minister CANNOT, by virtue of the powers conferred by Section 37 of the Act, purport to abolish a loan, allowance or scholarship prescribed by the Act as the extent to which those regulations may be spelt out under Section 37 (2) of the Act.”
Ziba expressed concern that most students from poor families would fail to sustain their lives while trying to pursue education.
“With this action, most students from poor families will fail to sustain their lives while pursuing an education, which is a fundamental human right. This will force many of them to divide their limited time between studying and looking for survival mechanisms. This sad reality will, in the end, put the lives of the young people at risk, especially young women who are the most vulnerable,” stated Ziba.
“ActionAid Zambia therefore joins students countrywide in condemning the decision of the Minister of Higher Education to end the provision of a living allowance to students. We consider such an action as a desire by the Minister and the administration to punish students from poor families, now and in future, who depend on the allowance in their pursuit of higher education. The statutory instrument the Minister is empowered to make is for purpose of enhancing the provisions of the Act and not to abolish anything the parent Act has already made provision for.”