Undergraduate Research Reports & Masters Dissertations
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Item Balancing Regulations and Incentives for Foreign Direct Investment: A Case Study of Zambia and the Democratic Republic of Congo(University of Lusaka, 2025) CHAWINGA, MunshyaThis study examined the management of Foreign Direct Investment (FDI) in the mining sectors of Zambia and the Democratic Republic of Congo (DRC), with a particular focus on regulatory frameworks, incentives, and the balance between attracting foreign investment and safeguarding national interests. Through a comparative analysis, the research sought to assess the effectiveness of existing legal and regulatory frameworks in both countries, identifying key challenges, gaps, and inefficiencies in their FDI management practices. The research employed a qualitative methodology, relying on a review of primary and secondary sources, including statutory and legal instruments, institutional reports, case law, and scholarly articles. In addition, the study utilized case studies from Botswana, Rwanda, and Burkina Faso to highlight best practices in FDI management. The findings revealed that both Zambia and the DRC face significant regulatory weaknesses, including unclear tax provisions, excessive discretionary powers, inefficient enforcement mechanisms, and challenges in ensuring environmental protection and social responsibility. In Zambia, issues such as excessive bureaucracy and inconsistencies in investment incentives were identified, while in the DRC, fragmented tax regimes, inconsistent enforcement of the Mining Code, and poor transparency were prominent concerns. The study concluded that despite the potential of FDI to drive economic growth, both countries must implement comprehensive reforms to improve legal predictability, enhance regulatory clarity, and establish more robust enforcement mechanisms. Specific recommendations included simplifying tax systems, strengthening anti-corruption measures, improving environmental monitoring, and institutionalizing community benefit-sharing practices. Drawing on the experiences of Botswana and Rwanda, the study also advocated for greater transparency, streamlined administrative procedures, and a focus on long-term sustainability in FDI management. These reforms would not only boost investor confidence but also ensure that FDI contributes to the broader socio-economic development of Zambia and the DRC.Item A Critical Analysis on the Effectiveness of the COMESA Court of Justice Arbitration Rules Of 2018 in Addressing Challenges Faced by Zambia and Other COMESA Member States in International Commercial Arbitration(University of Lusaka, 2024) SIAMAMBO, AckimThe African continent has recently experienced a rise in cases involving international commercial arbitration. This generally means that African arbitration institutions have a mandate to be equipped with the best arbitration rules that conform to internationally accepted standards. Given the above, the COMESA Court of Justice revised its Arbitration Rules of 2003. It launched the COMESA Court of Justice Arbitration Rules of 2018 to improve arbitration under COMESA and to mitigate challenges that nations in the common market face in settling international commercial arbitration disputes. This study has analyzed the 2018 rules critically and evaluated the rules' effectiveness in addressing challenges in arbitration that COMESA member states face. The methodology employed in this study was qualitative. The research discovered that the new rules have, however, not been effective and have little impact in mitigating the various challenges that are still faced in international commercial arbitration by member states. International commercial arbitration challenges such as the cumbersome notice process when filing an action at the Court, the bias of the Court in reviewing the exhaustion of local remedies, lack of investor-state arbitration at the Court, prolonged arbitration processes, high costs of arbitration, difficulties with recognition and enforcement of arbitral awards, lack of important provisions in the Courts' current arbitration rules (these include provisions for handling complex arbitration disputes such as joinder and consolidation, provisions for expedited procedures, and provisions for the conduct of legal representatives and provisions for the doctrine of separability).Item Prospects and Challenges of an Improved Companies Act Dispute Resolution Framework: A Study for the Creation of Zambia's Companies Tribunal(University of Lusaka, 2024) MUKWANKA, VorBusinesses are crucial to the economy of every nation and thus their efficient functioning is cardinal. The regulatory environment in a nation plays a major role in determining the growth and development of its economy. A number of developing nations have recently implemented dispute regulatory reforms aimed at improving the ease of doing business in their respective nations. This is in recognition of the significant role that companies and businesses in general play in an economy. Zambia is not an exception. It has been argued that Zambia has for a long time not created an environment that makes it easy for doing business and thus unlocking its potential to become an economic powerhouse. This is the reason that motivated this research into how we can unlock certain legal impediments to achieving the much talked about, “ease of doing business.” The research examined the framework for resolving disputes under the Zambian Companies Act in relation to improving Zambia's competitiveness in terms of ease of doing business. The examination was conducted in an attempt to assess the framework. This study used various methods of collecting data including qualitative and quantitative data collection techniques. The important information was gathered through studying documentary sources such as journals, case law, Zambian legislation as well as scholarly works by other writers. The research asserted that because the Companies Act resolution framework is primarily based on the court process, it does not support Zambia's efforts to improve the ease of doing business with regard to dispute resolution. A comparative analysis of current trends in company law dispute resolution is conducted, demonstrating a move towards tribunal-based dispute determination and away from reliance on the courts as the primary dispute resolution forum. In the end, the dissertation has recommended creating a Companies Tribunal for Zambia as a step that would ease doing business in Zambia and help reduce the cost of resolving commercial disputes, at least in the context of the Companies Act.Item Conjugal Visits for Inmates as a Human Right – The Zambian Context: Lessons Drawn from India and Other Jurisdictions.(University of Lusaka, 2023-10) MWAANGA, Joanne KawamaThe purpose of this research was to discuss conjugal visits for inmates as a human right in the Zambian context and drawing lessons from India and other jurisdictions. This research focused on examining whether or not conjugal visits as a concept in human rights should be adopted in Zambia. This research also examined the rights of inmates with a focus on conjugal and other related rights. Furthermore, this research went on to examine the international best practices governing human rights of inmates and conjugal visits for inmates. In addition, the research also discussed various international instruments and cases which advocate for the rights of inmates and that where conjugal visits are allowed, they should be applied without discrimination, and female prisoners should be allowed to exercise this right on an equal basis with their male counterparts. This research found that in Zambia, the Zambia Correctional Service Act does not expressly provide for conjugal visits but that it provides for the Commissioner General to allow an inmate to be absent from the correctional centre with permission. This can be viewed as an opportunity to implement conjugal visits for inmates in Zambia through the establishment of an independent committee. The research also recommends that there is a need for Zambia to adopt conjugal visits as a matter of human rights so as to ensure that prisoners enjoy their rights. This research was qualitative in nature and relied on primary and secondary sources. The sources were obtained through desktop research. The primary sources that were relied on were mainly statutes while the secondary sources included review of books, journal articles, and online sources.Item Evaluating the lacuna in the legal framework for Foreign |Direct Investment in Zambia(University of Lusaka, 2025) MULENGA, Edwin PaulThe legal framework governing Foreign Direct Investment (FDI) in Zambia, primarily outlined in the Investment Trade and Business Development Act, faces critical shortcomings that impede the optimal utilization of FDI, thereby obstructing sustained economic progress. Despite acknowledging FDI's potential as a catalyst for economic advancement, the current legal structure inadequately addresses key challenges, such as limited absorptive capacity, deficient infrastructure, and policy gaps. This deficiency in the legal apparatus fails to sufficiently confront the multifaceted impact of FDI on local industries, income distribution, and societal welfare, revealing an overarching need for comprehensive evaluation and restructuring within the existing legal framework. The insufficiency of examination regarding FDI's influence on local industries and its socioeconomic ramifications exacerbates the inadequacies present in the legal setup. Recognizing this urgency, this study emphasizes the critical necessity to identify and rectify the deficiencies entrenched within the law governing FDI in Zambia. The objective is to construct a more enabling and comprehensive legal framework that not only maximizes the advantages of FDI but also fosters the nation's socio-economic transformation. By addressing these lacunae, the intention is to propel Zambia towards sustained economic growth, leveraging FDI as a strategic instrument for national development.Item Analysis of prospects and bottlenecks to establish a Specialised Environmental Court or Tribunal in Zambia(University of Lusaka, 2025) MBEWE, ShadreckThe study used a desktop-based technique and analysed the ECTs’ model solutions in jurisdictions such as Kenya, India and Australia, that have successfully established these judicial institutions as alternative to regular courts in adjudicating environmental cases. The study revealed that ECTs are public institutions or officials in the government’s judicial or executive arm with authority to specialise in adjudicating environmental, natural resource development, land-use development, climate change and interrelated cases. The study found that whereas Zambia is increasingly experiencing its own share of numerous environmental teething problems, it has no specialised ECT. The subsisting system of adjudicating environmental disputes seem incoherent, fragmented, and inefficient. One of the study’s major findings is that enforcement of environmental claims through the regular courts is seriously hampered by the absence of a provision for “a right to a clean, safe and healthy environment” in the Constitution of Zambia. Additionally, regular courts have not filled the void by creatively construing constitutional guarantee, such as by reading the right to life as affording each person the right to a healthy, pollution-free environment and to give effective remedies that are enforceable in court. However, the study concluded that it should not be difficult for Zambia to establish an environmental court or tribunal because under the Constitution of Zambia, the Chief Justice may establish specialist courts to hear specified cases, such as environmental cases. Therefore, the study advocates the creation of an environmental court or tribunal to ensure prompt administration of environmental justice in Zambia.Item Corporate Governance Policies and Practices in Developing and Developed Economies: A Case Study of the English Legal System(University of Lusaka, 2025) MWIIKISA, ZandraThis case study examines the corporate governance policies and practices in the English legal system mainly focusing on both developed and developing economies. Corporate Governance (CG) plays a significant role in ensuring transparency, accountability, and ethical conduct within organizations regardless of the economic status of a country. This study explores the key principles, regulations, and mechanisms governing corporate governance in the English legal system and compares them with practices in developing economies. The Company Act of 2006 is a comprehensive framework for the English legal system on CG which has numerous regulations and codes of best practices. Some of the key elements of CG in the English legal system include board composition, independence, accountability, shareholder rights and disclosure requirements. The system emphasizes the need to promote a balance of power and accountability between shareholders and stakeholders as well as the separation of ownership and control. Developing economies often face unique challenges on CG due to a number of factors such as a weak legal system, inadequate regulatory frameworks and cultural differences. This study examines these challenges and identifies potential gaps in corporate governance practices in both developing and developed economies compared to the English legal system. The findings of this case study highlight the importance of effective CG in promoting economic growth, attracting investments, and ensuring long term sustainability. It underscores the need for developing economies to strengthen their legal and regulatory frameworks, enhance transparency, and disclosure requirements, and foster a culture of accountability with organizations. The insights from this case study can inform policymakers, regulators, and corporate leaders in both developing and developed economies on the significance of robust corporate governance practices. By adopting and adjusting best practices from the English legal system in both developed and developing economies can help enhance these frameworks on corporate governance thus contributing to a more stable and transparent business environment. This paper concludes with recommendations and explores the key policies and practices that contribute to good corporate in both settings. In developing countries, good CG policies and practices often focus on enhancing regulatory frameworks, improving transparency, and strengthening enforcement mechanisms to combat corruption and promote sustainable business practices. Key components include promoting board independence, establishing effective risk management systems, and enhancing shareholder rights to ensure that companies are managed in the best interest of all stakeholders. On the other hand, developed countries typically have more established corporate governance frameworks, with stringent regulations and guidelines in place to safeguard investor interests and maintain market confidence. Practices such as regular board evaluations, disclosure of executive compensation, and shareholder engagement are common in these settings to ensure effective oversight and accountability.Item Anti-Homosexuality in Zambia and its Affront to Human Rights(University of Lusaka, 2024) MUFWAMBI, Chijata KeembelaThis research paper seeks to cast a light on sexual minority LGB individuals within Zambia who are constantly overlooked and when found out are treated in the most inequitable manner by society. It begins by introducing the topic of human rights and how it relates to homosexuality in that the discrimination of homosexuals is not a new phenomenon but an error of the past still practised by some today. The paper goes on to discuss the discrimination in light of the Zambian context and presents it as a problem in need of remedy. The paper tackles the issue of homosexuality through the gay debate that analyses law and morality arguments on the subject. The purpose of this is to understand the place of homosexuals within society and to show that they are no less deserving of protections generally under the law nor inherently immoral and a danger to society. The paper then discusses human rights in-depth and how they relate to homosexuals. An elaboration of what human rights are, how they apply to all including LGB individuals and how they are violated is discussed. The rights violated are discussed as well as how human rights come into play to combat anti-homosexual laws and sentiments that prevent LGB individuals from fully realising their rights. The paper further delves into the Zambian atmosphere in which homosexuality is viewed as a controversy and speaks to how Zambian homosexuals are treated. Examples of this treatment and efforts to combat it within the country are given. A historical significance of the issue and its many arguments is undertaken, followed by a series of findings and recommendations targeted at the present stance on the realisation of human rights for homosexuals in Zambia.Item The Legal and Regulatory Framework on ICT Vis-A-Vis Consumer Protection in Zambia: Lessons from Botswana, South Africa and the United Kingdom(University of Lusaka, 2024) CHEWE, BwalyaInformation Communication and Technology (ICT) comprises a wide range of products such as Laptops, mobile phones, and ICT services such as telephone calling and internet services. ICT services have an important place in our day-to-day lives. It is for this reason that many companies and individuals are in the business of providing ICT services and products. This study examined the legal and regulatory framework that protects Zambian consumers of ICTs. In order to accomplish this, the study outlined the meaning of ICT consumer protection with respect to the Zambian jurisdiction, which is the protection of consumers of electronic communication products and services. Zambia’s legal and regulatory framework on ICT Consumer Protection was then examined. Through the utilisation of research articles, newspaper articles and interviews, the study brought out some of the challenges facing Zambian consumers and revealed the deficiencies in the legal and regulatory framework that are responsible for the said challenges. Thereafter, the legal and regulatory frameworks on ICT Consumer Protection in Botswana, the United Kingdom and South Africa were examined in order to draw lessons that could be applied to the Zambian legal and regulatory framework. Literature by scholars well versed on the subject were used to write this dissertation. Interviews were also utilised. The research found that Zambia’s legal and regulatory framework on ICT consumer protection has many deficiencies. Recommendations to deal with these deficiencies have been derived from an analysis of the legal and regulatory frameworks on ICT Consumer Protection belonging to Botswana, the United Kingdom, and South Africa, of which the latter two were found to be the most comprehensive.Item Voluntary Liquidation of Zambian Financial Service Providers and Depositor Protection: Comparative Study with Nigeria, Kenya and South Africa(2017) CHINYAMA, ArnoldFinancial services providers are, by their nature, special due to a unique role they play in the economy of any country through financial intermediary. Consequently, they are subject to a distinct set of rules that may not apply to ordinary entities. The special status of financial services providers is widely recognized. Financial service providers play a key role in financial stability in respect of the financial system and the economy as a whole. Growth of financial services industry has led financial services provider to become too big and too interconnected and in terms of supervisory authorities too important for financial stability.2 Further, the intensification of the linkages between banks through interbank payments and interbank deposits has greatly expanded the scope of financial shocks.