School of Law Research Collection

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A Comparative Analysis of Enforcement - Related Provisions in the Data Protection Act in Zambia with those in Counterpart Legislation in South Africa, Kenya, Nigeria, and the United Kingdom
(2026) BANDA, Margaret
This study compared the enforcement provisions of Zambia’s Data Protection Act No. 3 of 2021 with similar laws in South Africa, Kenya, Nigeria, and the United Kingdom. It focused on how these laws balance strong enforcement with the protection of individual rights. The research found that Zambia’s Act gives inspectors wide powers under Sections 7 to 11 to enter premises, seize property, and make arrests, but it lacks clear safeguards, judicial oversight, and accountability measures. This created risks of abuse and weakens public trust. In contrast, other countries require judicial warrants, have clear appeal systems, and provide independent oversight to ensure fairness and respect for privacy. The study also noted challenges in Zambia such as limited resources, low public awareness, and unclear procedures for handling seized property. Lessons from the United Kingdom, South Africa, Kenya, and Nigeria show that strong enforcement can coexist with respect for human rights when supported by transparency and accountability. The study recommends judicial oversight, independent monitoring, clear guidelines for inspectors, and proper procedures for seized property to strengthen Zambia’s data protection enforcement and promote public confidence in digital governance.
A Comparative Analysis of the Criminal Liability of Non Governmental Organisations in Zambia and the United Kingdom
(2026) BANDA, Joseph Siyabong'a
Using comparative insights from the UK, this dissertation investigated the criminal liability of non-governmental organisations (NGOs) in Zambia. It contended that Zambia’s present legal system, especially the Non-Governmental Organisations Act No. 16 of 2009, lacks explicit measures for criminal accountability and instead concentrates on administrative regulation. This piece of writing examined pertinent statutes and case law using a doctrinal research approach to ascertain whether NGOs can be held accountable for crimes like fraud or corruption. The Bribery Act of 2010 and the Corporate Manslaughter and Corporate Homicide Act of 2007 provide an effective system based on organisational fault and preventive compliance, but Zambia’s enforcement is fragmented and reactive, according to findings. According to the study’s findings, Zambia should amend its NGO legislation to more clearly acknowledge criminal liability, improve interagency cooperation, and encourage accountability and openness in the non-profit sector.
A Comparative Analysis of the Data Protection and Privacy Law Legal Framework in Zambia and UK.
(2026) NAKAZWE, Nakaundi
Now than ever before there is a huge amount of data caused by the digital age's ever expanding frontiers, emphasizing the importance of safeguarding this important resource. The intricacy stems from the mosaic of data protection and privacy regulations that have arisen across varied jurisdictions, each seeking to solve the intricate balance of utilising data for innovation and maintaining the sacrosanct rights of individuals. This evolving legal framework, with its different constructions, principles and enforcement mechanisms, has led to significant differences in how personal data is handled and protected. The fact that countries have different data protection and privacy laws creates a complicated and nuanced conundrum that necessitates careful consideration. It is these circumstance that necessitate an investigation into the major differences between the Zambian and UK data protection and privacy legal framework. Despite the two countries having a shared grasp of the global imperatives related with data privacy, their distinct legislative frameworks and approaches have resulted in intriguing variances and complexity. The essence of these differences, in light of their shared global responsibilities, raises concerns about the effectiveness of their respective legal systems in securing personal data, protecting individuals' rights, and facilitating the free flow of data across borders for the advancement of economic and social interests.
A Comparative Analysis of the Disposal of Uncollected Goods Act of Zambia with Kenya Vis-a Vis Modernising the Law
(2026) CHISHIMBA, Patricia Chanda
The essence of commerce in every transaction is to create, an environment of a service for value acquired through the medium called money specified as consideration. In Zambia what governs the uncollected goods by the buyer to the seller is Uncollected Goods Act Cap 410, of the laws of Zambia. This research focused on key aspect of the study area through the medium of qualitative analysis, examining the gap of grey area and adopting laws that may seem potentially attractive to affect positively into Zambia legal framework. The study further examined, the best practices from member country with best practices carrying a comparative analysis. Chapter Two highlighted the ambiguities and practical challenges within Zambia’s legal framework. Chapter Three presented a comparative analysis of Kenya and the United Kingdom, emphasizing notice procedures, judicial oversight, management of proceeds, and commercial reasonableness Chapter Four draws lessons from these jurisdictions and offers practical recommendations for improving Zambia’s legislation. The study looked closely at Kenya, where the legal system for uncollected goods is well-developed and structured, providing clear guidance for custodians and owners alike. It also examined the United Kingdom, with its advanced legal framework, to identify practices that Zambia could adapt to strengthen its own laws. The dissertation concluded that implementing these reforms would not only bring Zambia in line with international best practices but also create a fair, practical, and effective legal framework. Such a system would balance the rights of custodians and owners while reflecting the realities of modern business.
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.
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.
A Critical Analysis of Part III Of The ICT Act No.15 of 2009 (Licensing of Electronic Communications other than Radio Communications)
(2026) CHOTA, Sibeso
This dissertation examined the information communications technologies (ICT) Sector in Zambia, focusing particularly on the licensing rules set out in the information communications and technologies Act No 15. Of 2009. The Act plays a crucial role in regulating ICT Services, particularly through part III, which addresses licensing for electronic communications excluding radio communications. This research assessed how these licensing rules serve Zambia’s ICT in terms of effectiveness. The study opened with an overview of the ICT Act and its function in shaping the sectors regulatory landscape. It then looks at the concept of licensing in general before zooming in on how licensing functions. Furthermore, the research explored the ICT Acts goals and the framework it sets for electronic communications By analysing part III this dissertation explores whether the licensing system encourages innovation, competition, protects consumers, and supports broad access to ICT services. It Highlights the licensing regime in the ICT Act, and the definition of terms pertaining to licenses. The conclusion finds that while the ICT Act offers a strong regulatory base, some aspects need updating to be more adaptable, the study finishes by suggesting improvements to the legal and institutional framework to help Zambia’s ICT sector stay competitive, inclusive, and well positioned for ongoing digital growth.
A Critical Analysis of the Cyber Security Act and the Cyber Crimes Act of Zambia: Examining their appropriateness in upholding Constitutional Rights
(2026) KANCHULE, Ntazana
The purpose of this research was to critically analyse the Cyber Security Act No. 3 of 2025 and the Cyber Crimes Act No. 4 of 2025, with a focus on identifying the legal and institutional gaps that limit Zambia’s ability to address emerging digital threats while upholding constitutional rights. The study examined the evolving nature of cyber threats in Zambia, assessed the adequacy of the statutory and institutional frameworks governing cybersecurity and cybercrime, evaluated the constitutional implications of the 2025 Acts, and proposed reforms to establish a clearer, more accountable, and rights-compliant cyber governance regime. Chapter One introduced the research problem, outlined the significance and scope of the study, reviewed relevant literature, and presented the methodological and ethical framework guiding the inquiry. Chapter Two explored the conceptual and constitutional foundations of cybercrime and cybersecurity. It demonstrated that rising internet penetration, expanding digital participation, and sophisticated cyberattacks have increased Zambia’s exposure to cyber risks. The chapter highlighted incidents such as the Golden Top scam, the NAPSA data breach, and the compromise of the Bank of Zambia’s social media accounts as evidence of the growing complexity of digital threats. It further showed that while cybersecurity is essential for protecting digital infrastructure, it must operate within the constitutional safeguards for privacy, fair trial, and freedom of expression under Articles 17, 18, and 20. The analysis revealed that Zambia’s cyber governance is shaped by both escalating digital vulnerabilities and the need to uphold fundamental rights. Chapter Three analysed the statutory and constitutional framework governing cybercrimes and cybersecurity. It demonstrated that the Cyber Security Act introduced institutional reforms for protecting critical information infrastructure and regulating cybersecurity service providers, while the Cyber Crimes Act modernised criminal law by defining and penalising a broad range of digital offences. However, the chapter showed that the effectiveness of these reforms depends on constitutional conformity, judicial oversight, clarity of definitions, and enforceability. Chapter Four critically assessed whether the 2025 Acts met their intended objectives while remaining consistent with constitutional and regional human-rights standards. The analysis revealed significant risks arising from vague definitions, speech-related offences, broad surveillance powers, and the limited independence of the Cyber Security Agency. These weaknesses were shown to undermine legality, accountability, and the protection of privacy and expression, diverging from best practices under African and international norms. The study concludes that although Zambia has made substantial progress in constructing a cyber regulatory framework, the Acts contain constitutional, institutional, and procedural gaps that require reform. The research recommends narrowing vague offences, strengthening judicial and parliamentary oversight, enhancing the independence of the Cyber Security Agency, incorporating public-interest protections, refining statutory definitions, and expanding stakeholder participation. Implementing these reforms would help ensure a balanced, transparent, and constitutionally grounded approach to cybersecurity in the digital age.
A Critical Analysis of the Legal Framework Governing Data Protection and Cyber Security in Zambia: Lessons from International Standards
(2026) ANAKOKA, Namasiku
This thesis was a critical analysis on the legal framework governing data protection and cyber security in Zambia, drawing lessons from international standards. The purpose of this study was to assess the adequacy, coherence and alignment of the Data Protection Act no.3 of 2021 and Cybersecurity Act no.3 of 2025 with international standards such as the General Data Protection Regulation (GDPR), Budapest Convention and the Malabo Convention. The objectives of this study include examining the legal framework on cybersecurity and data protection in Zambia, the extent to which these pieces of legislation align with international standards and lastly the need for alignment of the local legislation with said international standards. The methodology of this research was as follows; the research was a qualitative mode of research as data was obtained from statutes, reports, internet sources as well as articles. The major findings of this research were that that is some partial convergence with international benchmarks but persistent divergence in institutional autonomy, procedural safeguards and operational clarity. The misalignment undermined individual rights, national security and economic development while full harmonization would enhance resilience, investor confidence, cross border cooperation and digital innovation. It further identified shortcomings with the current legislation like the absence of emerging cybercrimes and an ambiguity in the scope, consent overrides and inadequate enforcement mechanisms
A Critical Analysis of the Weaknesses in the Industrial Designs Act of 2016 Of Zambia: A Comparative Study with Best Practices from Kenya and the United Kingdom
(2026) NAMUMBA, Ntazana
This study evaluated whether Zambia’s Industrial Designs Act No. 22 of 2016 is adequate for protecting the forms of modern and digital design that increasingly define today’s creative and technological landscape. Although the Act was introduced to modernize the country’s intellectual property framework, it remains tied to a traditional, article-based definition of design that excludes digital interfaces, icons, animations and other virtual elements now central to innovation. The research identified several weaknesses within the current law, including the exclusion of digital subject matter, the absence of prior user rights, limited enforcement mechanisms, lack of protection for unregistered designs and Zambia’s non-participation in The Hague international registration system. These limitations collectively undermine legal certainty for creators and restrict Zambia’s ability to compete in a global market where digital creativity plays a major role. By examining the approaches adopted in Kenya and the United Kingdom, the study shows that more flexible and forward-looking design regimes are achievable and offer valuable lessons for reform. Based on these insights, the study recommended expanding the definition of industrial design to include digital creations, introducing prior user protections, recognising unregistered designs, strengthening enforcement structures and joining The Hague system to support international protection. Overall, the study concludes that meaningful reform of the current Act is essential for supporting innovation, encouraging entrepreneurship and positioning Zambia to participate effectively in the growing digital and creative economies.
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, Ackim
The 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).
A Critical Examination of the law in Zambia on the Non Consensual Distribution of Intimate Content: Drawing lessons from South Africa
(2026) KAPAMBWE, Wana
This thesis was premised on the non-consensual distribution of intimate content: Drawing lessons from South Africa. The study focused on the laws in Zambia which provide for non-consensual distribution of intimate content and the protection of victims of this crime. The purpose of this research was to ascertain how victims can seek redress and if the law adequately protects the victims in Zambia. The methodology of this research was as follows; this research was a qualitative mode of research as data was collected from both primary and secondary sources which include, legislation, local and foreign, textbooks, journal articles, internet sources and text books. The design of this research was an evaluative approach drawing comparative insights from South African legislation as to the effectiveness of the subject matter. The data collected was secondary data such as case law, legislation, journals, articles, newsletters and scholarly writings published from works of notable authors on the said topic analysed using narrative data analysis. The major findings of the research were that Zambia does not have laws that protect victims of the non-consensual distribution of intimate content. And as such, it has been very easy to abuse this power because the law that governs the non-consensual distribution of intimate content is weak when it comes to the protection of the victims. This has resulted in law case reports and injustice for the victim
A Critique of the Alternatives to Imprisonment and Enforcement Mechanisms in Zambia: Drawing Lessons from Kenya and Tanzania
(2026) MANDONA, Siddah
Zambia's heavy use of imprisonment as the main way to punish people has caused prisons to be too full, led to human rights problems, and made rehabilitation efforts not work well. This study examined how effectively Zambia's legal system uses alternatives to incarceration, such as community service, probation, suspended sentences, and fines. Additionally, it contrasted Zambia's circumstances with those of Kenya and Tanzania, which have superior non-custodial punishment systems that prioritize the community. A combination of qualitative and comparative methodologies are used in the study. It looked at laws, court cases, how institutions work, and government policies. Most of the information comes from research done by looking at documents and analyzing themes and content from both official and other sources. The research showed that while Zambia's laws do allow for non-custodial options under different codes, these are not being properly carried out. This is because the laws are not well connected, there isn't enough support from institutions, there's not enough supervision, and people don't trust the system. In Kenya and Tanzania, successful non-custodial sentencing comes from having clear laws, good teamwork between different parts of the system, and involving the community. The study suggests that Zambia needs big changes, like creating a new law for community service, updating probation laws, making suspended sentences include more supervision, and changing how fines are handled to be fair and just. In the end, the study indicated that using alternatives to imprisonment can help reduce prison overcrowding, improve rehabilitation, and help Zambia's justice system meet international human rights standards, like the Tokyo Rules (1990) and the Mandela Rules (2015)
A Critique of The Use of The Prerogative of Mercy in Zambia Vis a Vis The Independence of The Judiciary and The Fight Against Corruption
(2023) CHIRWA, Niza
This thesis is premised on the prerogative of mercy vis a vis the independence of the judiciary and the fight against corruption. The study focuses on the laws in Zambia which provides for the prerogative of mercy powers and how the use of this power has impacted on the independence of the judiciary and the fight against corruption. The purpose of this research was to ascertain how the exercise of the mercy power has impacted on the independence of the judiciary and the fight against corruption in Zambia. The methodology of this research is 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 design of this research is blended between historical and narratives. The research is couched as a descriptive one as it shall describe how presidential clemency has impacted on the independence of the judiciary and the fight against corruption. The data collected was analyzed using narrative data analysis. The major findings of the research were that Zambia does not have laws that protect an abuse of the use of the prerogative of mercy powers. And as such, it has been very easy to misuse this power by successive presidents because of luck of laws to make the holder of power accountable. This has resulted in the eroding of judicial independence and the fight against corruption through the use of this power.
A Human Rights Perspective of the Legal Framework on Sexual Harassment and Gender-Based Violence against Female Prisoners in Zambia: A Comparative with Rwanda
(2026) CHIRWA, Veronica
This study looked at how well Zambia's legislative and institutional structure deals with gender-based violence (GBV) and sexual harassment directed against female inmates. Despite Zambia's ratification of key international and regional human rights treaties, such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the implementation of the African Charter on Human and Peoples' Rights and the Bangkok Rules in prisons is still inadequate. The study employed a qualitative research approach, drawing primary and secondary data from legislation, case law, international agreements, reports, and interviews with women. representatives from civil society, prison administrators, and inmates. The Anti-Gender-Based Violence Act of 2011 and the Zambia Correctional Service Act of 2021 both have major shortcomings, according to the research. Which lacks specific clauses safeguarding female inmates from sexual misconduct by custodians. The employees’ issue is made worse by institutional shortcomings, such as a lack of adequate complaint procedures, a paucity of female, and a lack of oversight. In contrast, Rwanda offers a forward-thinking paradigm in which sexual misbehavior is successfully dealt with and women's rights in detention are protected through gender sensitive legislation, judicial enforcement, and specialized institutional mechanisms. According to the research, Zambia's jail system needs specific changes to improve accountability, gender sensitivity, and protection mechanisms in order to fully comply with international human rights norms. The main suggestions are to update the Correctional Service Act to make custodial sexual abuse illegal, domesticate the Bangkok Rules into national law, fortify independent oversight organizations, and increase cooperation with non-governmental groups. Zambia may better protect the dignity, safety, and human rights of female prisoners by adopting a rights-based and gender-responsive strategy that is comparable to Rwanda's.
A Human Rights Perspective on the Efficacy of the Education Act 2011 in Relation to Free Education Policy 2022: Lessons drawn from Kenya
(2026) MBAO, Madaliso
This research was premised on a Human rights perspective on the efficacy of the Education Act in relation to the free education policy 2022 with lessons drawn from Kenya. The purpose of this study was to critically examine the legal gap between Zambia’s free education policy and its existing legislation particularly the exclusion of senior secondary education from the Education Act and to highlight the implications of this gap on the enforceability and sustainability of the policy with lessons from Kenya on how it has structured laws governing free education. The objectives of this study included the evaluation of the efficacy of the Education Act in supporting the implementation of free education policy, particularly at senior secondary, evaluating the effectiveness of the free education policy at senior secondary schools in Zambia and to examine the current and potential challenges faced by government schools and lastly, to draw lessons from Kenya on how it has structured laws governing free education. The methodology of this research 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, journal and articles, internet sources, reports, thesis, textbooks. Additionally, data was collected from selected secondary schools in Zambia. The research design used is phenomenological design. The major findings of the research were that Zambia does not have a law that backs free education policy at senior secondary school and it doesn’t have well-structured laws that govern how free education should be regulated. As such, the policy has come with challenges such as overcrowding, high teacher-pupil, inadequate or delayed funding, poor infrastructure and inadequate learning materials
A Legal Analyisis of Funding of Opposing Parties during Armed Conflict: A Case Study of the US Foreign Assistance in the Isreal Palestinian Conflict
(2026) MATAKALA, Joshua Thabo
This thesis investigated the funding of opposing parties during armed conflict a case study of the us foreign assistance in the Israel Palestinian conflict. The importance of this study was to add to the body of knowledge regarding the relationship between foreign policy and international law, especially in conflict areas. Secondly, it shaded light on states' legal obligations when it comes to offering aid abroad during armed situations. Finally, policy choices about the control and monitoring of foreign aid to parties in conflict may be influenced by the study's conclusions. The objectives of this study included providing international legal principles governing foreign assistance during armed conflict, secondly how does U.S. foreign assistance to Israel and Palestine align with these legal principles, and lastly the legal and ethical implications of U.S. foreign assistance in this context. The methodology of this study was necessary to comprehend the legal ramifications of foreign aid during armed conflict, especially when it is aimed at opposing parties. In order to critically analyze the legality of U.S. foreign aid in the Israel-Palestinian conflict, this research uses a qualitative mode of research as data was sourced from statutes, reports, internet sources, textbooks, journals and articles and case law. In the end, the study makes the claim that legitimate aid must be based on verifiable adherence to international humanitarian law (IHL) and enforced through transparent, reciprocal, and judicially reviewable conditionality. If this idea is formalized, it may rebalance the incentives governing third-state involvement in protracted armed conflicts.
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.
Abuse of Dominance and Competition Concerns in Zambia’s Electrical Sector: A Critical Examination of Zesco’s Market Power
(2026) CHABOOKA, Soyane Leon
The liberalization of electricity markets has become an important factor in the energy sector reform across many countries in Africa and is aimed at fostering competition, improving efficiency, as well as attracting private investment. The Competition and Consumer Protection Act prohibits agreements or conduct that can unduly restrain competition, but the Act exempts the energy sector from antitrust enforcement in Zambia. The enactment of the Electricity Act No. 11 of 2019 and the Energy Regulation Act No. 12 of 2019 was supposed to stop the historical dominance of the state-owned ZESCO Limited and was supposed to do this by putting into place licensing frameworks, open access provisions and regulatory mechanisms. This dissertation critically examined whether these legislative reforms have in any way made an actual competitive electricity sector or whether ZESCO’s concrete position will continues to prevent competition or instead, put a strain on competition. The study also investigated the legal as well as structural factors that support ZESCO’s market dominance in generation, transmission, and supply, while also analyzing the roles of competition law and the exemption that is in the Act in regard to shaping market dynamics. Using a doctrinal and comparative methodology, the research will draw on statutory analysis, case law, and the best regional practices to put to light the relationship between sector-specific regulation and general competition law. The scope of the study is Zambia’s electricity sector after the 2019 reforms, with comparative reference to other jurisdictions in the Southern African region like Kenya. This work contributes to the academic discourse on competition law in regulated utilities by shading light on the relationship of energy regulation and antitrust principles in the context of Zambian competition law.
Addressing Legal Gaps in Zambia’s Mining Sector: A Comparative Analysis of Local Participation Laws in Zambia and South Africa
(2026) NJILIKA, Peter
This paper critically examined the legislative frameworks governing local economic participation in the mining sectors of Zambia and South Africa. It explored the legal provisions aimed at encouraging local ownership, procurement and employment within Zambia’s mining industry, as well as the challenges in implementation and enforcement that limit meaningful inclusion of Zambian citizens and enterprises. The study contrasted these with South Africa’s more robust legal system, notably its Mineral and Petroleum Resources Development Act and the Mining Charter, which impose binding local participation obligations and enforceable transformation targets. Through a comparative legal analysis , the research identified key weaknesses in Zambia’s laws, such as the lack of binding thresholds, weak enforcement mechanisms and institutional fragmentation, recommending comprehensive legal reforms and institutional coordination to enhance local participation and ensure the mining sector contributes equitably to national development and empowerment of local communities. This study contributed important insights for policymakers, legal practitioners and stakeholders aiming to make Zambia’s mining governance more inclusive and sustainable by learning from South Africa’s experience.