Protection of the rights of older persons in Zambia: A Comparative of the Legal and Policy Frameworks to South Africa

Abstract

This dissertation undertook a critical analysis of the legal and policy frameworks for the protection of older persons' rights in Zambia, conducting a comparative study with South Africa's robust legislative model. The central problem identified was the significant legislative lacuna in Zambia, which, despite the existence of a National Ageing Policy (2015), leaves older persons vulnerable to abuse, neglect, and socio-economic marginalization due to the policy's non-binding and unenforceable nature. In contrast, South Africa's Older Persons Act No. 13 of 2006 provides a comprehensive, rights-based, and legally enforceable framework that effectively safeguards the dignity, autonomy, and well-being of its elderly citizens. Through a qualitative and comparative research methodology, this study evaluated the strengths and weaknesses of Zambia's policy-based approach, highlighting its implementation challenges, resource constraints, and lack of judicial recourse. It then systematically examined the South African Act, distilling key best practices such as its mandatory abuse-reporting mechanisms, community-based care model, regulated residential facilities, and explicit prohibition of age-based discrimination. The research concluded that Zambia's reliance on policy alone is insufficient to meet its constitutional and international human rights obligations towards older persons. The findings revealed tangible negative impacts of this legislative gap, including limited access to healthcare, financial exclusion, economic disempowerment, and heightened vulnerability to violence and witchcraft accusations. Consequently, the study strongly recommends the urgent enactment of a dedicated Older Persons Act in Zambia. This proposed legislation should translate the principles of the National Ageing Policy into justiciable rights, establish clear institutional duties, and incorporate the protective and empowering provisions exemplified by the South African model to ensure the dignity, security, and inclusion of older persons in Zambian society.