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An Analysis of the Applicability of Competition Law Principles to Special Incentives Granted to Foreign Investors in Zambia
(2026) HABEENE, Melinda Maryjay
This thesis is on an analysis of the applicability of competition law principles to special incentives granted to foreign investors in Zambia. Foreign Direct Investment (FDI) is widely promoted as a catalyst for economic growth in developing nations. Leading countries like Zambia to offer substantial incentives packages including tax holidays, customs duty exemptions and regulator concessions to attract foreign capital. These incentives are primarily governed by the Investment, Trade and Business Development Act No. 18 of 2022. however, this thesis argues that such preferential treatment for foreign investors create a critical tension with the foundational principles of Zambia’s competition law, The Competition and Consumer Protection Act No. 24 of 2010. The core of this conflict lies in the violation of the principle of competitive neutrality. While foreign investors in priority sectors or economic zones benefit from significant fiscal advantage, domestic small and medium enterprise (SMEs) operate under the standard tax and regulatory regime. This policy inconsistencies creates and an uneven playing field, allowing subsidised foreign firms to possibly undercut local competition, thereby stifling domestic business growth and distorting the market competition. This practice raises crucial legal and policy questions regarding coherence of Zambia’s economic governance framework. The main objective of this research is to critically analyse the regulatory consistency between Zambia’s investment promotion framework and its competition law objectives. It examines the tangible effects that the incentives given to foreign investors have on the competitiveness and market access to local businesses. This study examines the role and capacity of the Competition and Consumer Protection Commission in mitigating these anti-competitive distortions. The research concludes by proposing a framework and practical recommendations to harmornise the goals of investment attraction while maintaining a fair and robust competitive market by ensuring that the attraction of FDI does not come at the expense of Zambian enterprises and long term economic sustainability
A Comparative Analysis of the Zambia Information and Communication Technology Authority (ZICTA) and the Independent Communications Authority of South Africa (ICASA).
(2026) NALWIMBA, Melo
A comparative analysis of the Zambia Information and Communication Technology Authority (ZICTA) and the Independent Communications Authority of South Africa (ICASA), two prominent regulatory bodies in the African telecommunications landscape. The study examined their respective mandates, regulatory frameworks, operational structures, and effectiveness in fostering competition, ensuring consumer protection, and promoting universal access to ICT services within their jurisdictions. Key areas of comparison included licensing regimes, spectrum management policies, interconnection regulations, quality of service monitoring, and approaches to digital inclusion. The analysis highlighted both similarities in their foundational objectives, such as promoting a competitive and fair ICT market, and divergences in their implementation strategies and the specific challenges they face, influenced by their unique national contexts and market maturities. The research draws upon publicly available documents, annual reports, regulatory decisions, and academic literature pertaining to both ZICTA and ICASA. For instance, ZICTA's regulatory framework is primarily governed by the Information and Communication Technologies Act No. 15 of 2009, which outlines its powers and functions in regulating the provision of ICT services in Zambia. Similarly, ICASA operates under the Electronic Communications Act, 2005 (Act No. 36 of 2005) and the ICASA Act, 2000 (Act No. 13 of 2000), which define its role in regulating the electronic communications, broadcasting, and postal sectors in South Africa.
An Investigation on the Challenges and Opportunities to achieve Sustainable Development According to the SDG 6 By 2030: Lessons drawn from International Standards
(2026) MPOSI, Michelle Kaso
This thesis was on the Zambia’s progress toward achieving Sustainable Development Goal 6 (SDG 6) on water and sanitation by 2030, focusing on the legal and institutional frameworks that shape sectoral performance. The purpose of this study was to understand the current progress for SDG 6 in Zambia while also analysing the challenges and opportunities to achieve sustainable development goal 6 BY 2030. The objectives of this study included providing the current progress of Zambia towards SDG 6 in law, policies and implementation, secondly the legal, institutional and governance challenges Zambia is facing to achieve the SDG 6 by 2030 and potential strategies that could overcome the challenges and lastly, to provide a detailed analysis on Rwanda’s and South Africa’s legal framework and institutional framework governing water and sanitation and draw lessons from the same. The methodology of this study was as follows; this research was a qualitative mode of research as data was collected from both primary and secondary sources which include, local and foreign legislation, textbooks, journal articles, internet sources and textbooks. The major finding of this research was that the basis of the water and sanitation sector that is governed by the water supply and sanitation act, the public health act, the water resources management act and the environmental management act which are not implemented well to reach the international goal for availability of water and access to
sanitation by 2030.
An Analysis of the Laws and Practice Governing the Right to Education in Respect of Child Offenders: Lessons from Kenya
(2026) HANZOOMA, Midory
This dissertation critically examined the realization of the right to education for child offenders in Zambia, assessing the adequacy of the existing legal and institutional framework. In comparison with Kenya. The study was grounded in the understanding that education is both a fundamental human right and a rehabilitative tool essential to the reintegration of child offenders into society. Despite international commitments under instruments such as the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child, many child offenders in Zambia continue to face systemic barriers to accessing education while in detention. The research adopted a qualitative approach, employing a comparative legal analysis of statutes and policies from Zambia and Kenya. It draws on both international and domestic legal sources to evaluate compliance with human rights obligations. The referenced key authors who have equally had an interest in the matter and secondary literature further illuminate the practical challenges within correctional institutions, such as inadequate infrastructure, limited teacher deployment, and weak coordination between the Ministries of Education and Home Affairs as well as society. Findings revealed that while Zambia’s child Justice Framework recognized education as a right, implementation remains fragmented, under-resourced and outdated. In contrast, Kenya demonstrated a more coherent integration of education within its child justice system, supported by stronger policy alignment and institutional mechanisms. The dissertation concluded that Zambia must strengthen inter-ministerial collaboration, allocate dedicated funding for correctional education, and incorporate explicit legal guarantees to ensure that child offenders enjoy meaningful access to quality education. The study contributed to the discourse on children’s rights and penal reform in Africa, advocating for the recognition of education as a cornerstone of restorative justice and human development.
An Analysis of the Jurisprudence of Interpretating Legislation: A Comparative Study with the United States of America
(2026) MUKUKA, Mike
The judiciary is the final authority on legal disputes; the branch of government saddled with the power to interpret the law with finality. This study critically analyzed and compared the jurisprudence developed by the courts in Zambia and the United States with particular focus on cases relating to Constitutional law as the former’s Constitutional structure, like many other democracies in the world, is modeled after the latter. To that end, the study discussed and analyzed some of the more prominent cases in both jurisdictions on legislative interpretation, focusing on how the courts have chosen to enforce the law promulgated by its respective legislatures, pointing out the courts’ tendency to move away from the literal rule of interpretation, thereby venturing into potentially problematic territory in this regard. The study pointed out the various factors that lead to this phenomenon, in turn revealing that the courts’ decision not to strictly adhere to the primary rule of interpretation is one that is rooted in highly complex considerations which have, to some unspecified degree, even been endorsed by the legislatures in both jurisdictions. The study focused on how this uncertainty can, and has, led to potential abuse in the form of judicial activism, as well as highlighting the profound influence the judicial branch has on matters of public importance.