A critical analysis of the law and practice of rating in Zambia

Abstract

In the wake of the continued dechne in the Zambian economy in general, dwindling financial assistance from the Central Government and the ever increasing growth of population in urban areas, it has become clear that local Governments require effective and sustainable sources of revenue. It is only through increased revenue collection that the local governments can be able to meet the demands for the provision of services in their respective councils. It is within this context that in order for local governments to meet the challenges of providing urban services, they must be footed on a sound and sustainable financial pedestal. The Rating Act No. 12 of 1997, as amended by Act No. 9 of 1999, is the legislation that regulates rating in Zambia. This law is highly technical and calls for a clear understanding and strict adherence to its provisions for effective and efficient management of the property tax system by local governments. Its enactment represented the broadening of the property tax, as it provided for the rating of undeveloped land following the introduction by the Land Act of 1995, Chapter 184, of the Laws of Zambia of the economic value to bare land. The Rating Act further broadened the jurisdiction of the Rating Valuation Tribunal to include matters relating to the approval or disapproval of the rate levy

The problems that arise from this highly technical piece of legislation are two fold: The first being that of local governments' lack of expertise to prepare Valuation Rolls; and The second problem is the lack of funds to meet the costs associated with the preparation and updating of Valuation Rolls.