Regulated Remuneration Autonomy in Zambia’s Public Universities Under the Emoluments Commission Act No. 1 of 2022

The enactment of the Emoluments Commission Act No. 1 of 2022 reshaped Zambia’s public-sector remuneration context, raising questions about the extent to which its provisions qualify the authority of public university councils under the Higher Education Act No. 4 of 2013. This article examines how the two statutes allocate remuneration authority and how national regulatory coherence can be reconciled with the distinct workforce needs of public universities. The article employs doctrinal legal analysis, purposive and contextual statutory interpretation, and documentary analysis, informed by a strategic human resource management perspective. The analysis finds that the Emoluments Commission Act prevails over inconsistent provisions of the Higher Education Act only to the extent of the inconsistency and within the Commission’s statutory jurisdiction over emoluments. It does not displace university councils’ governance and employment responsibilities where these remain legally compatible with the Emoluments Commission Act No. 1 of 2022. The article distinguishes remuneration determination from collective bargaining, job evaluation, workforce planning, implementation and institutional evidence generation. It further argues that harmonisation does not necessarily require uniformity: justified differentiation may be considered where credible evidence demonstrates specific workforce pressures and applicable regulatory requirements are satisfied. The article develops the concept of regulated remuneration autonomy, reframing institutional autonomy as evidence-based workforce responsiveness within nationally established standards of equity, transparency, affordability, fiscal sustainability and accountability. It proposes a three-tier governance architecture comprising national remuneration regulation, institutional workforce responsiveness and a regulated interface for evidence-based remuneration proposals. This article offers a doctrinal and normative basis for reconciling national remuneration coherence with the strategic human resource requirements of Zambia’s public universities.

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Publication Details

Journal
Journal of Management and Development Research
Published
2026-11-04
DOI
https://doi.org/10.69739/jmdr.v3i2.2490
Primary Topic
Administrative Law and Governance
Type
article
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article

Regulated Remuneration Autonomy in Zambia’s Public Universities Under the Emoluments Commission Act No. 1 of 2022

Romeo Yohane, Hellen Mwamba
Journal of Management and Development Research
Administrative Law and Governance
article

Regulated Remuneration Autonomy in Zambia’s Public Universities Under the Emoluments Commission Act No. 1 of 2022

Romeo Yohane, Hellen Mwamba
article en

Abstract

The enactment of the Emoluments Commission Act No. 1 of 2022 reshaped Zambia’s public-sector remuneration context, raising questions about the extent to which its provisions qualify the authority of public university councils under the Higher Education Act No. 4 of 2013. This article examines how the two statutes allocate remuneration authority and how national regulatory coherence can be reconciled with the distinct workforce needs of public universities. The article employs doctrinal legal analysis, purposive and contextual statutory interpretation, and documentary analysis, informed by a strategic human resource management perspective. The analysis finds that the Emoluments Commission Act prevails over inconsistent provisions of the Higher Education Act only to the extent of the inconsistency and within the Commission’s statutory jurisdiction over emoluments. It does not displace university councils’ governance and employment responsibilities where these remain legally compatible with the Emoluments Commission Act No. 1 of 2022. The article distinguishes remuneration determination from collective bargaining, job evaluation, workforce planning, implementation and institutional evidence generation. It further argues that harmonisation does not necessarily require uniformity: justified differentiation may be considered where credible evidence demonstrates specific workforce pressures and applicable regulatory requirements are satisfied. The article develops the concept of regulated remuneration autonomy, reframing institutional autonomy as evidence-based workforce responsiveness within nationally established standards of equity, transparency, affordability, fiscal sustainability and accountability. It proposes a three-tier governance architecture comprising national remuneration regulation, institutional workforce responsiveness and a regulated interface for evidence-based remuneration proposals. This article offers a doctrinal and normative basis for reconciling national remuneration coherence with the strategic human resource requirements of Zambia’s public universities.

Journal of Management and Development ResearchVol. 3(2)
University of Zambia (ZM), Kwame Nkrumah University (ZM)
Openalex Percentile: Top 6%
Administrative Law and Governance
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