Zambia Law Development Commission

Completed Projects

In 2018, the Zambia Law Development Commission (ZLDC) and the Zambia Correctional Service (ZCS) were requested by the Minister of Home Affairs to facilitate the operationalisation of the prisoners’ right to vote. This process was in accordance with the 2017 Constitutional Court judgement in Godfrey Malembeka v The Attorney General[1] that declared that persons in lawful custody and those whose freedom of movement is restricted under a written law are entitled to vote in future elections.

As part of the law reform process, the Commission conducted a desk study that culminated in the development of a position paper on the Operationalisation of the Prisoners’ Right to Vote which was handed to the Ministry of Home Affairs. Based on the findings of the Commission, the Electoral Commission of Zambia in January 2020, appointed a Technical Committee (TC) to lead the operationalisation of the right to vote by persons in custody. The ZLDC was appointed to spearhead the development of the legislative framework. The main objective of the law review process was to operationalise the right to vote for persons in lawful custody and those whose freedom of movement is restricted under a written law.

The project review activities concluded in the development of the project report, the Draft Electoral Process (Amendment) Bill, 2021, The Prisons (Amendment) Bill, 2021, The Electoral Process (Campaign in Prisons and Correctional Centres) Regulations, 2021, and the Electoral Commission of Zambia (Amendment) Bill, 2021. The outputs of the review process were handed over to the Electoral Commission of Zambia in February 2021.

[1] Malembeka (Prisons Care and Counselling Association) v Attorney General and Another (13 of 2016) [2017] ZMCC 1 (14 August 2017)

Instructed by the Minister of Justice in 2011,  ZLDC undertook a project to review the Penal Code Act Chapter 87 of the Laws of Zambia and the Criminal Procedure Code Act Chapter 88 of the Laws of Zambia. The review was prompted by an outcry from stakeholders who observed, amongst others, that the Acts contained archaic provisions that do not reflect contemporary times and inconsistent penalties for similar criminal conduct in other specialised acts.

The main objective of the review was to develop comprehensive criminal legislation. The specific objectives were to, inter alia, address the question of whether or not to consolidate all offences in the Penal Code Act and all criminal procedure in the Criminal Procedure Code Act; identify and remove archaic provisions in the law; and recommend the domestication of international and regional instruments. The law reform activities carried out by the Commission resulted in the development of a project report and draft Bills which were handed over to the Ministry of Justice on 15 February 2022.

In March 2021 the Ministry of Mines and Mineral Development (MMMD) engaged ZLDC to draft amendments to the Petroleum (Exploration and Production) (General) Regulations, 2011, and the Petroleum (Exploration and Production) (National Petroleum Company) (Amendment) Regulations, 2011. The review process was prompted by gaps which were identified by the Ministry and other stakeholders which included: a lack of clarity on the fiscal regime, the unclear mode for Government participation in the sector; and a need to revise the royalty rates in order to make the sector more attractive to investors.

The overall objective of the project was to enhance regulations relating to petroleum exploration and production in Zambia. To achieve the objectives, the Commission used the qualitative method of data collection and analysis which included a desk study, focus group discussion and the drafting of the draft amendment Bills.

The Project resulted in the development of The Petroleum (Exploration and Production) (General) (Amendment) Regulations, 2021 and The Petroleum (Exploration and Production) (National Petroleum Company) (Amendment) Regulations, 2021 which were handed over to the MMMD in May 2021.

 

The Zambia Law Development Commission was engaged in May 2021 by the MMMD to finalise the review of the Mines and Minerals (Environmental) Regulations SI No. 2 of 1997 and the Mines and Minerals (Environmental Protection Fund) Regulations SI No. 102 of 1998. The review process, which began in 2017, was prompted by gaps identified by the Ministry and other stakeholders. These gaps included: a need to apportion liability when offences are committed under the Regulations, safe closure of mines, exploration or mineral processing plants, and a need for the effective management of the environment for mining operations.

The overall objective of the review process was to enhance the Mines and Minerals (Environmental) Regulations and the Mines and Minerals (Environmental Protection Fund) Regulations. The project was completed in June and culminated in the development of the Mines Minerals Act (Environmental) Regulations, 2021, and the Mines and Minerals (Environmental Protection Fund)(Amendment) Regulations, 2021. The project output is yet to be handed over to the Ministry..

 

 

The MMMD working together with ZLDC undertook the review of the Explosives Act Chapter 115 of the Laws of Zambia simultaneously with the review of the Mines and Minerals (Environmental) Regulations SI No. 2 of 1997 and the Mines and Minerals (Environmental Protection Fund) Regulations SI No. 102 of 1998. The review process was brought about by the gaps identified in the law by the Ministry and other stakeholders who observed amongst others that the Act does not provide for licensing certificates for sellers to purchase, acquire and possess explosives.

The overall objective of the review process, therefore, was to enhance the law regulating explosives in the mining sector while the specific objectives included: providing for forfeiture of explosives, enhancing the powers of inspectors to include powers of arrest and providing for an administrative penalty, and compounding of offences. The review process culminated in the development of a draft report and the Explosives Bill, 2021 which are yet to be handed over to the Ministry.

 

In 2015, the Zambia Institute of Architects (ZIA) embarked on a national consultative process to review the ZIA Act. The Institute further conducted stakeholder consultative workshops in the years 2016 and 2018. In these consultations, the Institute identified gaps in the law which included: the tenure of the ZIA presidency, joint venture requirements and a need to revise penalty units for offences in order to align them with the more current ones approved and specified by the Government of the Republic of Zambia. The consultative processes culminated in the development of a layman’s draft Bill.

 

On the advice of the then Ministry of Housing and Infrastructure Development in June 2019, ZIA engaged the ZLDC to finalise the process for the review of the ZIA Act. The general objective for reviewing this legislation was to enhance legislation relating to the practice of architecture. The Commission completed the project and handed over the project report and a draft Bill on the review of the Architects Act, Chapter 442 of the Laws of Zambia to the Ministry of Infrastructure, Housing and Urban Development in December 2021.

The Ministry of Home Affairs and Internal Security engaged ZLDC in 2020, to develop a legislative framework, that inter alia, ensures clarity and certainty in the use of CCTV; provide for uniformity of rights and obligations; and provide redress where rights are violated. The specific objectives of the development of the legislation included: to regulate the use of CCTV in public spaces and private spaces accessible to the public, to provide for the management of CCTV data by law enforcement agencies and persons regulated under this Act, and to provide a comprehensive framework to prevent abuse, violation of privacy and compromise of national security.

The law reform activities carried out by the Commission resulted in the development of a project report and draft Bill which were handed over to the Ministry of Home Affairs and Internal Security in December 2022.