A critical Evaluation of the law dealing with the installation and recognition of chiefs in Zambia
Date
2013-02-25
Authors
Iliamupu, Chilwana
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Abstract
The purpose of this dissertation was to critically evaluate the laws that deal with the installation and recognition of chiefs. Through research, it was found that generally these laws need some reform so that they can be applicable to the present state of chiefs' affairs in Zambia. An evaluation of the adequacy of the laws dealing with the institution of Chiefs has also been done and a general conclusion has been reached that there are a number of shortfalls in the laws that govern the installation and recognition of Chiefs.
The paper has revealed that there is no statute that expressly addresses the issue of installation of chiefs and resolution of succession disputes especially in light of the number of succession disputes ravaging many chiefdoms in Zambia. Furthermore, the Chiefs Act has no provision dealing with mechanisms of eligibility for succession to the Chieftainship in times when there is a vacancy. The essay has recommended that these issues should be included in legislation dealing with chiefs.
The research has further shown that the institution of chiefs has been given the pride of place in the Constitution of the Republic of Zambia which recognises the institution as does the 1965 Chiefs Act. In addition, an outline of the history of the institution of chiefs and the foundation of the law that deals with this institution has been given. This has been done by showing the development of the law dealing with the institution of chiefs from colonial times to present day Zambia. It has been also been established that there is need to codify laws that deal with the relationship of persons inter se who claim to be part of the royal lineage in case there is vacancy in the Chieftainship office.
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Chiefdoms---Zambia , Chieftaincies---Zambia