Zambia Law Development Commission

Projects In Progress

The Zambia Law Development Commission (ZLDC) commenced a project to review two pieces of legislation which are the basic sources of criminal law in Zambia: the Penal Code Chapter 87 of the Laws of Zambia and the Criminal Procedure Code Chapter 88 of the Laws of Zambia and other allied legislation including the Anti- Corruption Act, Plea and Negotiations Act, the Prohibition and Prevention of Money Laundering Act among others.

The Penal Code sets out acts that constitute offences in Zambia and the punishment that each offence attracts; while the Criminal Procedure Code provides for the Procedure(s) to be followed in prosecuting criminal matters from the time of arrest to sentence including providing for appeals.

The Objective of this law review project are:

  1. To harmonise provisions in various pieces of legislation containing penal provisions with the Penal Code and Criminal Procedure Code;
  2. Domesticate relevant international instruments;
  3. Remove archaic provisions in the Act; and
  4. Generally amend the Acts in order to incorporate contemporary standard and practices and to meet the needs and aspirations of the Zambian Society.

The Commission is in the process of drafting appropriate amendments, stakeholder engagement on the review.

Review of the British Act Extension Act Chapter 10 of the Laws of Zambia and the English Law (Extent of Application) Act Chapter of the Laws of Zambia.

The Commission has been reviewing the Chapter 11 and Chapter 11 of the Laws of Zambia. The objective of this review is to receive recommendations for the localization of the received legislation primarily by practitioners with a view to establishing a home grown legal framework that serves the values of the Zambian people.

The general objective of this project is to develop legislation to provide for the legal recognition and protection of Human Rights Defenders.
The specific objectives are to:
i. Review domestic legislation in an effort to recommend the enhancement of its provisions where necessary;
ii. Conduct stakeholder engagement processes in order to receive stakeholder input in the law review process;
iii. Review international and regional instruments and recommend their domestication where necessary; and
iv. Review relevant legislation in other jurisdictions and recommend the adoption of best practices where necessary.

The overall objective is to develop a comprehensive legal framework, to combat smuggling of migrants in Zambia.
Planned Activities under the project:
a. Consultative meetings;
b. Engagement of Drafter/Drafting of Legislation;
c. Two Technical Working Group Meetings;
d. Report writing workshop/ finalisation of draft Bill; and
e. Validation meeting.

The overall objective is to develop legislation to regulate the use of security cameras and CCTV.
Salient Proposals
(a) The establishment of an independent Authority to be responsible for the implementation of the Act
(b) Requirement for licences in certain circumstances, for the operation of public security information systems
(c) The Authority must keep and maintain a Register to enter the names and other details relating to the licences and information relating to applications.
(d) Provision for the admissibility and evidential weight of data messages
(e) Access by law enforcement officers to state surveillance cameras under defined circumstances

Planned Activities under the project:
(a) Hold Brain storming session
(b) Retreat for Desk Review
(c) Develop a Zero Draft Bill
(d) Conduct Stakeholder Consultations
(e) Drafting meeting
(f) Validation meeting
(g) Research and Projects
(h) Handover Report

Project Objectives
The overall objective is to review the Arbitration Act.

Salient Issues of Concern
(a) Arbitration agreements are required to be in writing
(b) Need for minimum standard mandatory sections which cannot be derogated from
(c) Need to remove the restriction on matrimonial causes from arbitration
(d) Need for a time limit for applications to stay legal proceedings
(e) Schedule 1 which incorporates the 1985 UNCITRAL Model Law should also include 2006 amendments to the Model Law.

Planned Activities under the project:
a. Hold desk review meeting
b. Conduct stakeholders consultative meetings;
c. Hold a drafting meeting;
d. Hold a Technical Working Group Meetings;
e. Hold a report writing workshop/ finalisation of draft Bill; and
f. Hold stakeholders validation meeting.

The overall objective is to review the Anti-Gender Based Violence Act of 2011
Salient Proposals
a) to identify shortfalls in the provisions of the Act;
b) to upgrade the Act and establish the mechanisms for its enforcement; and
c) to develop a framework that will ensure that all of the Act’s provisions are fully operationalized

Planned Activities under the Project
1. A Validation Meeting ;
2. Finalisation of Report draft amendments to the AGBV Act;
3. ZLDC Research and Projects Committee meeting to approve the final project report and draft amendments;
4. Handover of Report to Ministry of Gender and Justice.