The Zambian privatization experience: Legal perspectives

Abstract

The aim of this paper is to provide an over-view of Zambia's privatisation experiences. The nature of the subject of privatisation is broad. Therefore, it is not intended to delve into great depth on the general issues of privatisation but to narrow the analysis to the major legal perspectives, namely the Privatisation Act and supporting legislation. However, in order to introduce the paper to the reader, there is a discussion in the initial chapter on the wider privatisation perspectives and experiences.The paper is meant to provide an insight into the privatisation process in Zambia vis¬a-viz legislation relating to the same. The paper will examine the Privatisation Act by highlighting the main features of the Act together with their strengths and weaknesses. It will also look at some of the major legal constraints that the Zambia Privatisation Agency is facing. The paper will also present a brief background of the divestiture programme. A thorough, albeit not exhaustive, discussion of the need to review certain legislation in view of the programme will be attempted. Finally, a conclusion of the paper will be made, and recommendations will be put forward where necessary.It should be borne in mind that the paper is not meant to be a mere critique, but rather an insight or indeed a visitation into a subject that is fast gaining the interest of a wide spectrum of the Zambian society, ranging from the peasant to the entrepreneur.