By Chiluba K. Moyo, Innocent Siachitoba and Ngela Munalula
The year 2021 was inarguably one of the most historical years for the Commission and the Country. We welcomed the new government led by His Excellency, Mr. Hakainde Hichilema which set a new legislative agenda for law reform in the country. In reflecting on its primary mandate to carry out law review and reform through a systematic and participation approach that involves stakeholder engagement and consultation, research and incorporation of regional and international best practices, the Commission looks back at some of its notable achievements and challenges in the past year.
ZLDC staff
In this article, we endeavour to share with you information on the activities that the Commission undertook in the year 2021. These include the projects successfully completed, the launch of the strategic plan and information dissemination activities designed to enhance stakeholder engagement and to disseminate information on law reforms the Commission undertakes.
Completed Projects
The Commission, this past year, successfully completed law review projects in a number of key national development areas such as:
- Elections, Democracy and Participation,
The Commission in collaboration with the Electoral Commission of Zambia (ECZ) and a Technical Committee comprising members from government ministries or departments and non-governmental organisations, conducted a project to operationalise voting by persons in lawful custody. Under this process, the Commission developed the Electoral Process (Amendment) Bill 2021; the Electoral Process (Campaign in Prisons and Correctional Centres) Regulations 2021; and the Electoral Commission of Zambia (Amendment) Bill 2021. This process contributed to the enactment of the Electoral Process amendment Act, 2021.
Members of the Technical Committee conducting interviews with inmates
- Under, Justice Reforms, Protection of Civil and Political Rights
The Commission successfully developed the Closed-Circuit Television (CCTV) Public Protection Bill, 2021 which provides for, inter alia, the regulation of the use of security cameras, speed cameras and Closed Circuit Television cameras in public spaces, the protection of the rights of persons in the use of Closed Circuit Television and the regulation of Closed-Circuit Television in private and public spaces accessible by the public. The draft Bill and its accompanying project report was handed over to the Ministry of Home Affairs and Internal Security.
ZLDC staff with Minister of Home Affairs, Hon. Jack Mwiimbu,MP.
- Economic Empowerment
In this area, the Commission conducted nationwide consultations on the review of the Rural Electrification Act No. 20 of 2003, for the purpose of the finalisation of the Rural Electrification (Amendment) Bill, 2020. The objective of this was to consult various stakeholders and interest groups in order to reflect the social and political values of the Zambian people regarding this thematic area. The stakeholder consultations held culminated in a project report that was handed over to the Rural Electrification Authority and Ministry of Energy.
Picture credit: ZNBC
In addition, the Commission developed the Zambia Institute of Architects Bill, 2021 which was subsequently handed over to the Zambia Institute of Architects and the Ministry of Infrastructure, Housing and Urban Development. The objectives of the bill were to, inter alia, prohibit practising architecture and offering architectural services without registration, provide for the registration of architects, allied architectural professionals, architectural technologists, architectural technicians and organisations, and provide for the registration of joint ventures.
Launch of the 2021-2026 ZLDC Strategic Plan
Building on its successes, the Commission, with technical support from the Management Development Division of Cabinet Office, developed and launched its 2021–2026 Strategic Plan to better guide and give direction and focus to its work.
The objectives of the Commission’s 2021-2026 strategic plan are:
- i) Improving law reviews by continuously engaging Ministry of Justice on the
review and implementation of the structure as well as on adequate funding of the
Commission.
- ii) Improving stakeholder partnership by engaging cooperating partners and other stakeholders for support to implement the Strategic Plan and development of systems.
iii) Improving financial management: This will be achieved by developing and implementing Resource Mobilisation mechanisms.
- iv) Improving operational systems through setting up of an ICT Unit to spearhead automation and integration of systems as well as expedite development of management policies to guide leadership and management in decision making, ensure consistency and legitimate practises.
- v) Improving human resource and work culture by engaging training institutions for tailor-made capacity building programmes.
Study visit to Zambia by the Law Commission of the Republic of Malawi
In June, 2021, the Commission hosted a delegation from the Law Commission of the Republic of Malawi. The delegation was led by Justice Dingiswayo Madise Commission Chairperson, Judge of the High Court and comprised Ms.Rose Nayeja (Principal Law Reform Officer), Ms. Kahaki Jere (Commissioner), Ms. Sitingawao Kachingwe (Commissioner) and Dr.Damson Kathyola (Commissioner).
The main aim of the study visit was to learn how Zambia is implementing public health matters. The Commission consulted various institutions and stakeholders in the area of public health including the Zambia National Public Health Institute (ZNPHI), Ministry of Health, Ministry of Agriculture, Ministry of water Development, Zambia Environmental Management Agency, University of Zambia- School of Public Health, Kafue City Council and Chongwe city Council among others.
Malawi Law Commission delegation pose for a photo after paying a courtesy call at the Ministry of Justice
The Law Commission of Malawi consulted the aforementioned institutions on the following thematic areas: scope of the public health legislation; regulatory framework; right to health; public health and ethics; control of use of “human tissue”; disease prevention and notification; environment and waste; utility and public gatherings; alcohol, tobacco and substance abuse; enforcement and implementation; and public health emergency.
ZLDC Commissioners Exit Following a Successful End of Tenure
The Commission bid farewell to the outgoing ZLDC Commission members and Chairperson Madam Justice Roydah Kaoma whose term of office came to an end on 3rd September 2021. Her Commission comprised Mr. Andrew Mwanakulnga, as Vice Chairperson, and Mr. Lazarous Chota, Mr. Shilambwe Mwaanga, Mr. Andrew Nkunika, Mr. Patrick Samwimbila, and Mr. Francis Chilunga. Mrs. Hope Ndhlovu-Chanda served and continues to serve as Director and Commission Secretary. The outgoing Commission members bid farewell at an event graced by the Minister of Justice Hon.Mulambo Haimbe, MP, on 26th November, 2021 at Southern Sun Hotel in Lusaka.
The objective of the event was for the outgoing Commission members to handover their exit report to the Minister of Justice. The exit report covered the activities undertaken by the Zambia Law Development Commission during the period 4th June, 2018 to 3rd September, 2021, the general status of the Commission, funding, opportunities and challenges.
At the same event, the Commission handed over the ZLDC 2017 to 2020 annual reports and the 2020 annual newsletter to share more information on research project activities undertaken and other activities undertaken by the Commission.
The event was attended by representatives from government ministries, departments, civil society organisations, academia and media.
The new members of the Commission are yet to be appointed.
Information sharing on law reform activities through electronic and print media
The visibility of the Commission is important as it enables stakeholders to be informed on the activities of the Commission. In 2021, the Commission made its presence on social media. New accounts such as YouTube, Facebook and Twitter were created as an effective platform for the dissemination of information. The updates were made on a regular basis to keep the public engaged on matters relating to law reform processes conducted by the Commission. In addition, the Commission launched its Website in 2021 and over 100 uploads were made. These uploads included annual reports, newsletters, weekly articles, project reports, videos, photos and news stories. The Commission uses the following online platforms to disseminate information:
- Website- The Website was used as a tool to interact and share information about the Commission’s work. The website was updated regularly with activities that the Commission undertook. The site also contained reports on the ZLDC completed projects, newsletters and weekly articles. The objectives of the ZLDC Website are to:
(i) Increase online visibility of the Commission’s work;
(ii) Provide a platform for interaction and information sharing among the members of the public on law reforms;
(iii) Encourage stakeholder submissions;
(iv) Link ZLDC Social Media platforms
(v) Promote stakeholder participation on law review projects; and
(vi) Be a resource platform for law review project reports produced by the Commission.
- Facebook Page
At the close of 2021, the Commission Facebook Page had 11779 likes and nearly 30 000 people were by the posts which were uploaded. The posts on the Website were linked to the Facebook Page which made it easier for people to access the Site.
- Twitter and YouTube Accounts
The Commission is alive to the fact that despite the large following of Facebook in Zambia, there is yet another section of the population using Twitter. The Twitter Account was an important information sharing platform the Commission used to disseminate information on the Commission’s law reform activities. The posts that were shared on Facebook Page, YouTube Account and Website were equally shared on Twitter through the links. In regard to YouTube, this platform helped to share information in video format.
Commissions engagement with newly appointed Ministers
The Commission successfully planned and organised courtesy calls with line Ministries between September and November, where five newly appointed Ministers were briefed about the mandate of ZLDC. The Ministers who were visited included:
- Minister of Justice, Hon. Mulambo Haimbe, M.P;
- Minister of Home Affairs and Internal Security, Hon. Jack Mwiimbu,M.P;
- Minister of Small and Medium Enterprises, Hon. Eng. Elias Mubanga, M.P;
- Minister of Mines and Minerals Development, Hon.Paul Chanda Kabuswe,MP; and
- Minister of Infrastructure, Housing and Urban Development, Hon. Charles Milupi, M.P.
The Ministers were engaged on the ZLDC thematic areas which included Environmental Protection, Economic Empowerment, Gender Balance and Social Inclusion, Justice Reforms, Protection of Civil and Political Rights and Public Engagement and Information Dissemination.
Mainstream Media Engagement
The Media play an important role in information dissemination and the Commission recognises this role. In this regard, mainstream media networks were engaged to cover the Commission’s activities. The notable media that covered the handover ceremonies and other related activities include Zambia National Broadcasting Corporation (ZNBC), Zambia News and Information Services (ZANIS), HOT FM, Kwitu FM, Millennium Radio, Radio Phoenix, Capital FM, Zambia Daily Mail, News Diggers, Diamond TV, The Mast, Times of Zambia, Camnet TV and Hope Channel Zambia TV. The Commission expresses sincere gratitude to all the media for the unwavering support through coverage.
Additionally, the Commission appeared on live programmes on Zed TV Zambia where it discussed the Closed-Circuit Television Public Protection Project Report and Draft Bill whilst on 27th December, 2021. The Commission also featured on Millennium Radio where it discussed a project report and a draft Bill of the Architects Act, Chapter 442 of the Laws of Zambia.
Weekly Articles
The Commission introduced the weekly article as an information sharing tool on 10th February, 2021. The main objective of a weekly article is to provide information on topical and trending issues in the country. The Commission published 19 articles. Some of the articles that were shared include:
- The Proposed Closed-Circuit Television Public Protection Law in Zambia: Insight into the Bill and How it will work
- Social Media and Law in Zambia
- The law governing marriage and divorce in Zambia
- End inequalities! End AIDS! End pandemics! What have we done? What more can we do?
- A ZLDC reflection on the 2021 World AIDS Day- End inequalities. End AIDS. End Pandemics
- Governance and the Rule of Law: Expectations in the New Dawn Government
- “I proposed to my boyfriend”, the legal position on same sex marriages and relationships in Zambia
The Newsletter
The Commission also published a newsletter which contains articles on law reform processes which were undertaken by the Commission. The newsletter was shared with stakeholders and can also be accessed on the Website.
Video Conferencing Platforms Zoom
At the peak of Covid-19 cases, mortalities and heightened health restrictions such as reduced physical contact, the Commission continued to execute its mandate through the use of video conferencing platforms like Zoom and Microsoft Teams.
Challenges
Despite achieving a number of successes, the Commission faced some challenges in 2021 which include among others:
- Inadequate funds resulting in inability to fully implement its mandate;
- Covid-19 restrictions;
- Inadequate transport and equipment; and
- Inadequate number of staff.
The Way forward
In 2022, the Commission will continue executing its law mandate by providing principled, progressive new laws and being a catalyst of change while responding to the ever changing needs of the public we serve.