School of Law Research Collection
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Item Rights of Non-Marital Children to Access of their Fathers with Lessons from South Africa and Kenya(2026) KAMANGU, HopeThis 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.Item 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, InongeThis 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.Item 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, IreenThis 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.Item 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 SisehoThis 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.Item Querying the Legal Basis for and the Enforcement of Economic Blockades in Armed Conflicts and its Impact on Civilian Population(2026) KAYOMBO, JacquelineThis 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.Item Bridging the Digital Divide: Evaluating Adaptive Technologies and Policy Frameworks in Zambian Higher Education for the Visually Impaired under The Persons with Disabilities Act 2012(2026) NGOMA, Jade DahliaThis thesis was on the persistent digital divide affecting visually impaired students in Zambia’s higher education institutions despite legal frameworks aimed at promoting inclusive education. It was mainly focused on the Persons with Disabilities Act 6 of 2012 which domesticated the United Nations Convention on the Rights of Persons with Disabilities which Zambia has ratified. This research highlighted gaps within the Persons with Disabilities Act when it comes to visually impaired students having access to adaptive technology in higher education. It further evaluated international, regional and sub regional frameworks promoting adaptive technology accessibility, inclusion and non-discrimination noting persistent challenges like conflicts and underfunding. The study accessed Zambia’s frameworks, finding progressive provisions for inclusive education and adaptive technology in the Persons with Disabilities Act and Higher Education Act, supported by the following institutions; ZAPD and ZAFOD but undermined by infrastructure gaps, weak enforcement and inadequate training. Lessons have been drawn from Kenya, South Africa and Uganda. The dissertation concluded that while Zambia aligns legally with standards, practical gaps persist, recommending prioritized adaptive technology budgeting, law amendments for mandatory support units and penalties, and comprehensive training to ensure equitable digital access for visually impaired students, fostering inclusive higher education.Item An Analysis of the Realist Theory of Law Vis-À-Vis the Practicability of Rules Relating to Dispatch and Receipt of Data Messages in the ECT Act 2021 of Zambia: Lessons from the UK and Malaysia(2026)This research provided a comprehensive analysis of the realist theory of law concerning the practicability of rules related to the dispatch and receipt of data messages in Zambia’s e-commerce; it includes a comparative study based on best practices, with a particular focus on the legal framework governing electronic communication transactions in Zambia, especially the Electronic Communications and Transactions Act no. 4 of 2021. Like many other countries, Zambia has responded to the way technology has changed how people engage in business and interact as customers by enacting legislation to promote secure online transactions. This study carefully examines whether Zambia's Electronic Communications and Transactions (ECT) Act's regulations on the dispatch and receipt of electronic communications effectively achieve the aims of providing legal certainty, security, and consumer protection in the digital environment. The study’s main goals were threefold: to examine the practical difficulties of applying dispatch and receipt rules to electronic communications, to assess the broader legal framework governing online transactions in Zambia, and to evaluate how well the ECT Act holds up against its intended purpose. Drawing on existing literature, statutory analysis, and international best practices, the research aims to pinpoint where the law falls short and suggest realistic reforms. But this isn’t just a technical analysis. The study also considered the bigger picture of how Zambia’s digital economy could benefit from a more responsive legal framework. By applying realist theory to the operational challenges of the ECT Act (No. 4 of 2021), the research anticipations to show how law and technology can be better aligned, especially in contexts where digital adoption is moving faster than legal and institutional readiness. Ultimately, the study contributed to ongoing conversations about legal harmonisation and best practice in digital governance. It argued that while Zambia has made commendable progress in setting up a legal structure for electronic communications, there’s still work to be done. With targeted reforms and clearer regulations, the country can strengthen consumer protections and build greater trust in its digital marketplace, benefiting businesses, individuals, and the broader economy alike.Item Assessing the Effectiveness of International Humanitarian Law in Regulating Hacktivism in Cyber Warfare: A Case Study of Killnet(2026) BANDA, Joseph IsraelThis thesis assessed the efficacy of International Humanitarian Law (IHL) in regulating hacktivism within cyber warfare both internationally and domestically, specifically analysing the challenges posed by the pro-Russian group Killnet. The study posited that a dual failure in both domains allows groups like Killnet to operate in a significant regulatory void, accelerating humanitarian risks. Internationally, IHL's core challenge is the legal classification and attribution of Killnet's primary tactic, Distributed Denial of Service (DDoS) attacks against civilian critical infrastructure. The lack of physical injury or destruction from DDoS attacks makes it difficult to classify them as a regulated "attack" under international humanitarian law. Furthermore, Killnet’s Self-proclaimed independence, non-state nature and decentralized status severely complicates the establishment of State responsibility and control, creating a clear accountability gap under IHL. Domestically, the thesis highlighted the failure of many States including Zambia to adequately translate IHL obligations concerning non-state actors into domestic criminal law capable of prosecuting hacktivists for wartime activities. Hacktivists members operate from various global states, making the jurisdictional reach and counter-terrorism laws insufficient for effective enforcement. The case study of Killnet demonstrated a critical disconnect in line with international humanitarian law. Internationally, IHL struggles with legal definitions and attribution to the state while domestically, national laws lack the necessary mechanisms to consistently prosecute or suppress IHL violations by non-state cyber actors. The thesis concluded that a comprehensive, coordinated effort is required to bridge these international and domestic gaps, including clarifying IHL's application to non-kinetic effects and harmonising domestic legislation to criminalise and enforce the law against hacktivism during armed conflict.Item A Comparative Analysis of the Criminal Liability of Non Governmental Organisations in Zambia and the United Kingdom(2026) BANDA, Joseph Siyabong'aUsing 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.Item 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 ThaboThis 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.