An analysis of the development and efficacy of the doctrine of the separation of powers in Zambia

Abstract

In Zambia, it has been observed that there exist some loopholes and lacunas with regards to the safeguards in ensuring that all the checks and balances are in place. There have been a number of instances in which the independence and integrity of the Judiciary appeared to be compromised. Further, there have also been numerous occasions on which the executive appeared to have too much power at its disposal resulting in one way or another, the abuse of powers. For example, the amount of discretionary powers vested in the president of the Republic of Government has the potential to result in abuse of this power. These observations imply that there appears to be a lack of 'checks and balances' on the government which has rendered the autonomy of the Judiciary and the amount of power vested in the executive debatable.In light of the above, this research paper seeks to discuss the effectiveness of the separation of powers in Zambia and how the doctrine has developed over the years. It compares the governance of Zambia to different jurisdictions in other parts of the world as well as provides some recommendations on the means in which a better checked and balanced democratic society can be achieved.