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Rights of Non-Marital Children to Access of their Fathers with Lessons from South Africa and Kenya
(2026) KAMANGU, Hope
This dissertation critically examined the legal framework governing the access rights of non-marital children to their biological father in Zambia, while highlighting the persistent legal, social and cultural barriers that hinder the realization of these rights, Despite Zambia’s ratification of the international instruments such as the United Nations Convention on the Rights of the Child (UNCRC) and the African Charter on the Rights and Welfare of the Child (ACRWC) , domestic law and practice continue to fall short in ensuring non-discriminatory access and parental involvement for children born out of wedlock. The study scrutinizes statutory provisions such as those in the Births and Deaths Registration Act and the Children’s Code Act how these Acts often subordinate the rights of non-marital fathers to marital consent, thereby undermining the child’s right to maintain meaningful relationships with both parents. While using a comparative legal analysis the dissertation draws on the experiences of South Africa and Kenya, two jurisdictions that have made significant changes in reforming their family law systems to reflect the evolving nature of parenthood and the paramount
of the child’s best interests. South Africa’s Children’s Act 38 of 2005 and Kenya’s Children Act 38 of 2022 offer progressive models that recognize equal parental responsibility regardless of marital status, provide clear legal remedies for access disputes, and integrate international human rights norms into domestic law. The study employs a qualitative methodology, combining doctrinal legal analysis with insights from case law, scholarly literature and policy documents. It concludes by proposing a set of legal and policy reforms for Zambia, including statutory amendments, judicial training, institutional support mechanisms, and public awareness initiatives. These recommendations aim to align Zambia’s family law framework with its international obligations and to promote a more inclusive, child centered approach to parental access one that affirms the rights of all children to love, care and connection from both parents, irrespective of the circumstances of their birth.
Strengthening Legal Mechanisms for Forest Protection in Zambia: An Examination of The Forest Act No. 4 of 2015, in Light of International and Domestic Environmental Law: Lessons drawn from Finland
(2026) MUBIANA, Inonge
This dissertation intensively looks at the effectiveness of Zambia’s legal framework for forest protection focusing on the Forest Act No. 4 of 2015. Analysing this act in light of both international environmental law and also comparative lessons from Finland. In Zambia, forest play an extremely important role. They help with the country’s ecological balance, socio-economic development and climate regulation. Unfortunately, rapid deforestation, illegal logging and unsustainable land use practices still continue to undermine the country’s environmental stability. Despite the enactment of the Forest Act of 2015 having the aim to make the forest governance more modern through community participation, decentralization as well as alignment with international standards, enforcement challenges persist because of institutional weakness, corruption, inadequate funding, the list is endless. This study used a qualitative research approach as it draws information from statutes, case law, scholar works, international conventions as well as policy documents. It also explores the constitutional and statutory framework for forest protection in Zambia, particularly focusing on the Constitution of Zambia, the Environmental Management Act No. 12 of 2011 and the Forest Act No. 4 of 2015, while also comparing Zambia’s Framework with Finland’s well established forest governance system. After this study was conducted, it was revealed that although Zambia has made a substantial amount of progress legislative wise, weak institutional capacity, overlapping mandates between the Forest Department and ZEMA as well as limited
community benefits heavily hinder the Act’s effectiveness. The study also goes a step further and provides recommendations that speak on enhancing inter agency coordination, increasing enforcement capacity, promoting community forest rights. The study also looks at how Zambia’s domestic framework aligns with what is provided for in international conventions like the Convention on Biological diversity, the UNFCCC as well as The Paris Agreement to name a few. Overall, this dissertation argued that strengthening Zambia’s forest protection laws requires both legal reform and institution revitalisation as this will definitely ensure that forest governance upholds principles of sustainability, equity and intergenerational justice.
A Comparative Legal Analysis of the Right to Universal Health Care in Zambia. An Examination of the Zambia National Health Insurance Act 2018: Lessons drawn from South Africa
(2026) CHANDA, Ireen
This research is on the comparative analysis of the right to universal health care in Zambia. The purpose of this study is to examine the Zambia national health insurance Act, 2018, examining its existing legal and institutional framework with regards to its role to achieve and attain the right to universal health care. The objective of this research was firstly to analyse the legal and institutional framework of Zambia’s National Health Insurance Act of 2018, in terms of its capacity to ensure the right to universal health care. Secondly to conduct a comparative analysis of South Africa’s National Health Insurance Act, No.20 of 2023, with a focus on its legal and institutional mechanisms for ensuring universal care, and lastly to explore lessons that Zambia can learn from South Africa’s national health insurance Act in integrating the right to universal health care within its legal and policy framework. The methodology of this research was a qualitative mode of research in that data came from statutes, internet sources, journals, textbooks, cases and articles. Major findings of this research were that the legal and institutional framework lacks a detailed and effective structure of governance and mechanisms in handling universal health care, further that it lacks clarity in the justiciability of rights to health care. The recommendations emphasized on establishing the clear governance structures and regulations on the State accountability, enforceability of the right to health care within the Zambian constitution as well as the national health insurance act from the lessons learnt from the South African legal and institutional framework. Lastly to amend the Zambian Constitution and the Zambia national health Act, 2018 in order to clearly provide for accountability and enforceability of the right to health care in order to effectively manage the right to universal health care in Zambia.
Navigating Legal and Administrative Hurdles to Attract Foreign Direct Investment in Zambia's Tourism Sector. A Comparative Analysis with Rwanda and South Africa
(2026) MUTONDO, Isaac Siseho
This dissertation critically examined the legal and administrative hurdles to foreign direct Investment attraction in Zambia’s tourism sector, with a view to identifying legal structural impediments and proposes reforms. It argued that while FDI remains a vital tool for economic diversification and growth, Zambia’s tourism sector continues to underperform due to fragmented regulatory frameworks, inadequate sector specific legislation and the absence of a functional one-stop shop. The study was structured around three core objectives the first being, to analyse the legal and administrative challenges affecting FDI inflows into Zambia’s tourism sector, second, to evaluate the effectiveness of Zambia’s current marketing and investment promotion strategies and third, to draw comparative insights from Rwanda and South Africa, jurisdictions that have successfully leveraged legal and administrative reforms to attract tourism related FDI. Through analysis and comparative study, the research identified a significant gap in both academic literature and policy implementation concerning the intersection of FDI and tourism. The findings underscored the need for legislative clarity, institutional coordination and strategic marketing realignment. Key recommendations include the consolidation of licensing functions under the Zambia Development Agency, the codification of priority sectors within investment legislation,
the integration of digital technologies and the establishment of a statutory framework for intergovernmental coordination. The dissertation concluded that Zambia was well positioned to emulate best practices from its regional competitors and that targeted legal and administrative reforms could substantially enhance the country’s competitiveness as a destination for tourism driven FDI.
Querying the Legal Basis for and the Enforcement of Economic Blockades in Armed Conflicts and its Impact on Civilian Population
(2026) KAYOMBO, Jacqueline
This dissertation explored the legal basis and enforcement of economic blockades in armed conflicts and their impact on civilian populations. It examined whether such measures are compatible with the United Nations Charter, Customary international law and the Geneva Conventions, questioning the extent to which they can be justified as lawful acts of war. The study evaluated the fine balance between legitimate military objectives and unlawful collective punishment, while considering the principles of proportionality, distinction and humanity. It also assessed the effectiveness of enforcement mechanisms, particularly the role of the United Nations and international judicial bodies. Through case studies such as Gaza and Yemen, this research highlighted the severe humanitarian consequences of economic blockades, including deprivation and widespread civilian suffering. The findings demonstrated that international legal instruments are often ineffective without adequate implementation and accountability mechanisms.