Examining the Adequacy of Economic Regulation Related Provisions in the Information and Communication Technologies Act 2009 of Zambia: Progressive or Retrogressive?

Abstract

This dissertation examined the adequacy and appropriateness of the law governing economic regulation of the ICT sector in Zambia. Focus was primarily drawn to whether economic regulation provisions in the Information and Communication Technologies Act of 2009 are progressive or retrogressive in achieving the statute’s intended objectives. The methodology of this research was qualitative, relying on sources such as statutory authority, policy documents, academic literature and expert insights. Comparative lessons were drawn from jurisdictions such as South Africa and Mauritius where regulatory models have been more dynamic and inclusive. Findings reveal that while Zambia’s ICT Act provides comprehensive regulatory structure certain provisions within Part V exhibit shortcomings that may hinder market fairness and innovation. In particular, permissiveness towards predatory pricing and restrictive network access provisions that tend to favour dominant operators contrary to the Act’s objectives of promoting competition and consumer welfare. The research concluded that the existing legal framework, though progressive in intent, remains partially retrogressive in effect, necessitating targeted reforms to align the framework with international best practice and standards.