Browsing by Author "LINDUNDA, Kabuba"

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    An Appraisal on the Conditions for Protection of the Environment and Human Health in Mining Operations in Zambia: Lessons from South Africa
    (2026) LINDUNDA, Kabuba
    Mining operations in Zambia create significant environmental and human health risks, yet it is observed that the country's legal framework has not been adequate in addressing these challenges. This dissertation was an appraisal of the Minerals Regulation Commission Act No. 14 of 2024, which is the current primarily legislation that governs environmental and health protection in Zambian mining operations, and compares it with South Africa's more comprehensive legislative and regulatory framework. This critical analysis was undertaken through a doctrinal legal analysis and comparative methodology, which reveals critical gaps in Zambia's legislation, some of which include the use of permissive rather than mandatory language that creates discretionary considerations as opposed to enforceable obligations, the absence of mandatory financial provisioning for mine rehabilitation and closure, weak enforcement mechanisms due to under-resourced regulatory institutions, and the complete omission of human rights due diligence requirements. The research based these deficiencies when compared against the background of the international legal framework established by the Rio Declaration, ILO Convention No. 176 on Safety and Health in Mines as well as the UN Guiding Principles on Business and Human Rights. Recent environmental disasters, such as the February 2025 Sino-Metals tailings dam failure which lead to the contamination of the Kafue River system and the ongoing legacy of lead contamination in Kabwe, make the urgent need for reform more than apparent. On the other hand, South Africa's Mine Health and Safety Act and Mineral and Petroleum Resources Development Act demonstrate that developing countries do actually have the capacity and potential to implement comprehensive frameworks combining constitutional environmental guarantees, mandatory financial security, tripartite governance structures, and enforceable community benefit mechanisms. This dissertation then concluded that Zambia's current framework structurally enables the externalization of environmental and health costs onto communities and future generations. This notwithstanding, the study recommended legislative amendments to mandate rather than permit health and environmental protections, establish ex-ante financial provisioning requirements modeled on South Africa's approach, implement human rights due diligence obligations, strengthen institutional capacity through dedicated funding mechanisms, and clarify overlapping mandates among regulatory bodies.