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An Appraisal of the Information and Communication Technology Association of Zambia Act 2018 in Strengthening Professionalism in the Zambian ICT Sector: Lessons drawn from Nigeria.
(2026) KAMWENDO, Misanje
The Information and Communication Technology Association of Zambia (ICTAZ) Act of 2018 represents a pivotal legislative effort to professionalise Zambia's rapidly growing ICT sector. This dissertation provided a critical appraisal of the Act's efficacy in strengthening professionalism by establishing a statutory self-regulatory framework for ICT practitioners. It identified and analysed significant gaps within the Act, including the lack of explicit disciplinary measures for professional misconduct, insufficiently structured continuous professional development (CPD) mandates, and an enforcement mechanism that lacks the robust separation of investigative and adjudicative functions found in more mature jurisdictions. The study argued that these legislative shortcomings potentially undermine the Act's core objective of fostering a culture of high ethical standards, technical competence, and public accountability. To propose constructive reforms, this research employed a comparative legal methodology, drawing critical lessons from Nigeria's established regulatory model, the Computer Professionals (Registration Council of Nigeria) Act. The analysis revealed that the Nigerian framework offers a superior blueprint due to its prescriptive standards, mandatory educational accreditation powers, and a clearly defined disciplinary architecture with separate Investigating Panels and Disciplinary Tribunals. The study concluded by offering targeted recommendations for legislative amendment, advocating for the elevation of ICTAZ's mandate to a standard-prescribing council, the institutionalisation of a separated disciplinary process, the codification of mandatory CPD, and the introduction of professional indemnity insurance requirements. These reforms are posited as essential for Zambia to cultivate a reputable, accountable, and globally competitive ICT profession capable of driving its digital transformation agenda.
Re-Evaluating the Vienna Convention on Diplomatic Relations: Vis a-Vis Digital, Legal Challenges and Modern Contemporary Diplomatic Practices
(2026) BANGWE, Mofya
This thesis examined the need to re-evaluate the Vienna Convention on Diplomatic Relations (1961) vis-à-vis digital, legal challenges and modern diplomatic practices. The fundamental objective of this research was to identify the gaps in the conventions framework and structure that have been failing to address escalating threats from digital surveillance, cyber espionage and virtual diplomatic operations, which have been undermining traditional immunity privileges and reciprocity. The objectives included: initially, a comprehensive analysis of the conventions pertinent provisions on immunity, inviolability and communication; secondly, an examination of emerging state practices and incidents in the modern world of diplomacy that have involved cyber-attacks on diplomatic missions; thirdly, a comparative review of adaptive frameworks in cyber diplomacy that have been adopted by states that are exceedingly doing well in the virtual diplomacy era. The methodology was qualitative, drawing information and data from, treaties, reports by states, United Nations reports and publications, renowned journals, case laws and cyber incident databases. The summation of this research unveiled the shortfalls of the Vienna convention on diplomatic relations while acknowledging the changes that can be put in place in order to steer its full equipment with modern day practice
An Evaluation on the duration of Pre-Trial Detention of a Person in Custody in Zambia
(2026) KASOTE, Mwape
This study investigated the issue of extended pre-trial detention in Zambia’s criminal justice system, focusing on key legal and human rights issues. Although pre-trial detention is meant to guarantee the accused’s presence at trial and uphold justice, it has often exceeded acceptable durations in Zambia, leading to violations of constitutional rights to personal liberty and a fair trial. This study provided a critical examination of the current legal framework regulating pre-trial detention in Zambia, including the Constitution, the Zambia Correctional Service Act, the Criminal Procedure Code, and relevant provisions of the International Covenant on Civil and Political Rights (ICCPR). It identified systemic problems such as delays in the judicial process, insufficient legal representation, overcrowded detention centers, and limited judicial resources. The research analyzed key court decisions that highlight the constitutional need to prevent unnecessary detention and addresses cases exposing human rights violations in custody. Additionally, it evaluated Zambia’s adherence to international legal commitments and points out major legislative and practical shortcomings that contribute to extended detention periods. Covering the years from 2010 to the present, the study examined how these issues affect detainees' rights and the criminal justice system's overall effectiveness. It aimed to recommend realistic reforms to speed up trials, enhance bail accessibility, and decrease case backlogs to strengthen the rule of law and rebuild public trust. The findings supported ongoing criminal justice reforms in Zambia and provide useful perspectives for other African countries facing similar challenges. The study ultimately stressed that pre-trial detention should be used sparingly, in accordance with constitutional protections and international human rights standards.
A Study Examining the Tension between Legal Rigidity against Judicial Creativity and the implications it has for Legal Reform and Development in Zambia
(2026) KAPATA, Mwewa
Judicial discretion is an inherent aspect of the common law tradition. It allows judges to fill in the gaps left by legislation, adapt existing laws to new situations and where appropriate, depart from precedent to ensure justice. Nonetheless, this discretion has been the subject of scholarly debate and public scrutiny. This study examined the tension between legal rigidity and judicial creativity and its implications for legal development and reform in Zambia.
Enforcement of International Court of Justice Judgements: Lessons from the European Court of Justice
(2026) KAFUBU, Mwiche
The International Court of Justice, as the principle judicial organ on the United Nations, has the power to issue judgments, that being the case, enforcement of the said judgments remains a challenge in International Law, this is because most of its judgments are dependent on Voluntary compliance and a recourse to the United Nations Security Council. This dependence on these two factors has produced a large enforcement gap, which undermines the Court’s authority as well as its legitimacy. This study critically analyzed the current enforcement framework of the of the International Court of Justice, highlighting its limitation and weaknesses and then identifying what lessons can be drawn from the European Court of Justice, a court whose enforcement framework has shown a relatively higher level of state compliance and effectiveness. This research was rooted in a qualitative and doctrinal approach, learning from primary
legal instruments, including statutes, ICJ and ECJ cases and books, also drawing from other secondary sources such as journals and internet sources. It analyzed two landmark ICJ cases, ‘Ukraine v Russia’ and DRC v Rwanda to show how the enforcement of ICJ judgments is limited and subject to political biasness in disputes that are politically sensitive. On the other hand, the paper reviewed two cases from the ECJ, these cases being, ‘ NH v Lenford’ and the case of the ‘commission v Greece. These cases highlighted the two enforcement mechanisms that the ECJ uses, that make their enforcement more effective. These two mechanisms involve a decentralized system, which allows for direct
effect and individual standing in the EU, and a centralized system, which involves infringement procedures and financial sanctions. The study undertook to make some recommendations on how the ICJ can redesign its
framework to incorporate some factors that can help enhance enforcement of its rulings.