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The urban housing problem for low income groups with special reference to the city of Lusaka: A social legal perspective
(The University of Zambia, 1989) Matibini, Patrick
This study is intended to contribute to the debate on the urban housing problem for low-income groups in Zambia. Low-cost housing has always been considered a difficult problem, even an insoluble one. The numbers of persons to be housed increase annually while the cost of housing construction is increasing faster than incomes. During the last two decades, it has been realized that the Conventional solution; viz, rental housing is not appropriate. It is however now generally accepted that the nation's scarce resources cannot match the housing demand. Consequently, aided self-help housing is viewed as the viable alternative. This strategy aims at increasing the supply of building plots with basic supporting services. However, site and service schemes have not been able to accommodate all home seekers. To this end, the President Dr. K.D. Kaunda in his 1975 "Watershed Speech" remarked as follows: "...townships have sprung up virtually from nowhere in many cities and towns as well as in the country side. In the future, these will create immense social problems of which we already have enough. Therefore, from now onward, local authorities must see to it that no unauthorized buildings are erected within their areas of jurisdiction. You have the powers use them...". However, notwithstanding policy pronouncements, and the enactment of Laws to prescribe the continued growth of unplanned settlements, the same continue to proliferate seemingly unabated* The basic theme of this dissertation is that the urban poor have in the main been left out of the Main Stream of legal housing. In the process, they are building houses, and establishing settlements where they can, largely illegally. This house building by the poor over-whelms the efforts of city administrators, planners, health and building authorities. The term low-income group is not easy to define. The Third National Development Plan (TNDP 1979-1983) suggested the following monthly income categories: (a) very low-income group; K0 - 60 for rural areas and traditional huts outside the rural areas. (b) Low-income group K61 - K100 for house built on fully serviced site and serviced plots using permanent building materials; (c) Lower-Middle-Income group K101 - 160 for houses built on fully serviced site, and serviced plots using permanent building materials; (d) Middle-Income group; Kl6l - 250 for Council- owned Conventional rental housing; and (e) Upper Middle-Income group K251 - 500 for Conventional Medium cost housing. Affordability levels was based on the proposals of the United Nations Commission on Human Settlements (UNCHS) which suggested monthly cost recoveries not exceeding 20 - 25 per cent of monthly incomes. At that time, (1981) K15.00 for the Low-income target to K25.00. These were considered side by side with the cost of constructing a one room house whose building materials were estimated at K800.00. The effect of the Kwacha/USD relationship has also increased the incomes. The all-items low-income group consumer price index rose from 231.3 in 1981 to 738.9 in April, 1986, indicating an increase of 507.6 per cent. Using this increase, the following corresponding income groups were determined: (a) very low-income group: K100 - 220. (b) Lower-income group: K221 - 330. (c) Low-income group: K331 - 440. (d) Lower Middle-Income group 441 - 650. (e) Middle-Income group K650 + The term low-income groups in the context of this dissertation is compatible with the first two categories, the average monthly incomes are also not only low but unreliable. It is further submitted that illiteracy is mostly prevalent amongest the very low-income groups. This factor may account to some extent for their lack of access to legal housing and housing finance. It is hoped that this dissertation will highlight some of the salient factors that contribute to or cause the shortage of housing particularly for the low-income groups. Most of the information and views on which this dissertation is based was collected in Lusaka between September, 1985 and January 1988. During that period, the author was employed by the Lusaka Urban District Council as a Council Advocate cum Council Registrar of the Council's Deeds Registry on the Staff of the Legal Secretary. Some of the information contained in this dissertation was therefore, obtained by the method which is popularly referred to as participant observation. However, the opinions expressed are the author's own and should not in any way be considered or construed as reflections of official council thinking. This dissertation is organized as follows: Chapter One introduces the urban housing problem. It discusses the problem generally in the context of the regional, continental and global housing problem. Chapter Two offers a general historical back-ground of the housing problem. The Chapter briefly traces the establishment and growth of some of the present major urban centres. The \apter also discusses the housing policies pursued by the colonial government and the measures taken and laws enacted to ensure compliance with the policies. Further, the origins and nature of the unauthorized settlements are discussed. In addition, there is a discussion of the housing strategies adopted by the Independent government. In this regard the chapter notes the shift of policy from rental housing to aided self-help housing. In this connection, emphasis was placed on development of site and service scheme and squatter upgrading programmes. Chapter Three is an examination of the Legal Aspects of Aided Self-help housing. Although the site and service schemes were initiated in the immediate post-independence era, it was not until 1974 that a legal framework was provided in the form of the Housing (Statutory and Improvement Areas) Act, Chapter 441 of the Laws of Zambia. The chapter discusses some of the salient provisions and the general administration of the Act. Chapter four is on housing and planning. It is the basic theme of the Chapter that housing and planning are inseparable. It is argued, that one of the major contributing factors to the proliferation of unauthorized settlements is that the authorities are not planning for the absorption of the rapidly growing urban population. It is submitted that one of the major element in this absorption process, is the allocation of land for housing development for especially the low-income groups. Chapter five, addresses itself to the question of management of aided self-help housing. The chapter explores the management implications of the site and service schemes and squatter upgrading approaches. The Chapter notes the fact that institutional involvement has by and large become an integral part of housing for the low-income groups. The chapter underscores the importance of identifying the structural organization of modifications which are necessary to design, implement and manage low-income housing. Chapter six, is on housing finance for the low-income groups. The chapter notes the fact that, although provision of adequate shelter for all has since the First National Development Plan (FNDP) 1964-1968) been included in the National Development Plans, financial resources remains one of the crucial constraints in attaining that goal. The financial constraint results not only from insufficient resource mobilization but also from uneven allocation of resources. Presently, only high-income and middle-income households have access to conventional housing finance on affordable terms. This failure to provide finance for housing to low-income groups even extends to government agencies and financial institutions which have been set up for that very purpose. The chapter examines the major housing and financial institutions which have the potential of contributing to the provision of finance for low-income groups. Finally, chapter seven consists of conclusions and makes specific recommendations regarding national housing policy, the future of aided self-help housing, cost recovery, land delivery, and the proposed Zambia Housing Development Limited.
The legal and economic techniques for controlling of and maximizing regional benefits from transnational corporations (TNCS) : strategy options for SADCC
(2011-10-19) Akwaake, Kayone S.
Transnational Corporations, in banking, agriculture, mining and other financial institu¬tions dominate most SADCC member states economies, providing advanced technologies, managerial skills, markets and some capital to so called "modern" enclaves mainly producing for exports. The majority of regional populations live at "bare subsistence levels in underdeveloped rural areas, providing a ready source of low cost labour. The major share of investable surpluses accrue to the TNCs, as significant proportion of them shipped out as profits interest, dividends and through transfer pricing, 1'he main theme of this thesis is centred on the necessity of restructuring the inherited institutional structures, shaped and perpetuated by legislation, to negotiate more successfully with transnational corporate affiliates on a national and regional basis to maximize transfer of the technology, the training of skilled and managerial personnel, market opportunities, and retention of domestically generated investable surpluses.
The regulation of commercial banks in Zambia and their role in development
(2011-10-19) Ailola, David Akapelwa
The question of foreign investment has many dimensions and is accompanied by varied opinions especially in the context of the developing countries. In the newly independent countries of Africa, Asia and South America the admission of foreign investors to the economies of the nation states has met with both appreciation and discontentment,, Not very long ago, foreign investors were widely acknowledged as absolutely vital, but neutral agents of capital and technology transfer. Today, the trend has shifted somewhat. They are seen in the eyes of most developing countries not as neutral agents of capital and technology transfer, but as principals of that movement. To a greater extent, this conception is true. Foreign investors today possess great economic and commercial power and pose a challenge not only to the national policies of the recipient states, but also to the economic independence of these states as well. In this dissertation, we shall not so much concern ourselves with the individual aspects of the challenge that modern foreign investors pose to the newly independent states. Neither shall we pay great attention to the theories regarding the pros and cons of foreign investment. Such aspects as nationalisation, compensation, settlement of investment disputes and obstacles faced by investors in Zambia shall only be touched on where necessary. This is because these aspects have already been adequately covered by other scholars. Our main concern in this dissertation will be with the development of the institution of foreign investment in Zambia. In this respect, our focus will be on discovering the basis of this institution within the legal context of Zambia. Our work is covered in six chapters. Under chapter one, our concern is with the theories attributed to the growth of the institution of foreign investment at the universal level. Chapter two relates to the development and growth of foreign investment within Zambia. In this chapter, expositions are made regarding both the colonial and the Zambian official policies relating to the whole field of foreign investment. A historical review is conducted stretching from the time when the first Europeans established themselves in this country up to the time when the nationalist government took over power and further beyond that historical event into the infancy of the nation. In chapter three, we have again adopted a historical approach to discover what kind of inducements have been offered to foreign investors to attract them. This review goes back to the days of the B.S.A. Company rule over the territory. It may now be challenged whether incentives are vital to the development of investments, but these came to be very much believed by the countries of Africa, Asia and South America when they first attained their independence. However, we are not in this chapter going to debate the question of the importance of incentives, but we shall simply be looking at some of the offers, policies and laws made by the various governments that have administered this country in relation to foreign investors. Chapter four discusses some of the specific laws that were promulgated to accommodate certain specific investments. Most of the projects covered related to government under-takings such as in the railways, electricity and fuel areas. The chapter does not cover all the specific investments that might have taken place. It simply gives random samples, In chapter five we have taken an analytical approach to examine the country's investment law and the impact they have made on investors. The main aim is to establish the efficacy of the laws in question in relation to the interests of the nation as a whole0 The interests of the investors themselves will be covered,, Chapter six which constitutes our conclusion will summarise all the issues that the dissertation has raised.
The legal framework for the decentralised system of government in Zambia
(2011-10-19) Beyani, Chaloka Syakatukula
This dissertation is a study of the legal frame-work for the integrated and decentralised system of government in Zambia. The term decentralised government as used in this study, decentralization the system of local administration at provincial and district levels, which was instituted in 1981, in place of local government in Zambia. This dissertation is divided into seven chapters. Chapter One outlines the purpose of the study, as an enquiry into the • objectives of decentralisation in Zambia0 Chapter One also gives the scope of the study, and the methods of data collection used in the study Chapter Two defines the concept of decentralisation,, It discus the theorectical approaches to decentralisation,, Finally, the chapter outlines the historical context in which decentralisation has emerged in Zambia. Chapter Three discusses the Zambian governments post independence objectives in social and economic development, in the period between 19&4 an
The Judicial control of mandates and its contrbution to the theory and practice of the mandate system with special reference to south-west africa(namibia)
(2011-10-20) Dore, Isaak Ismail
The study has been divided into three Parts. Part I traces the evolution of the idea of international mandate up to the time when the Mandate System was established. A brief survey is made at the outset of legal relations prevailing between Christian and non-Christian States of the pre-World War One era with special attention to the acquisition of colonies and the administration of dependent territories. Some consideration is given to the process of the secularisation of international law as a law applicable only between Christian States culminating in all dependent territories being granted the inter¬nationally recognized right to self-determination. An outline is made of these developments up to the time when efforts were made by States on the international plane to protect by international treaties the rights of dependent peoples. The Mandate System instituted by the League of Nations in 1920 was one such attempt. A detailed inquiry is made into the meaning and concept of "Mandate" in international law and the usefulness of private law analogies in the understanding of the concept of international mandate is assessed. The first Part concludes with an examination of the juridical status of a mandated territory which is compared with the status of colonies and Protectorates in international law; the nature of the powers of a Mandatory is also discussed. Part II discusses the methods used by the League for the implementation of the System, principally the supervision of the mandatory's administration by the League and the Permanent Court of International Justice (P.C.I.J.), later succeeded by the International Court of Justice (I.C.J.). A detailed review is made of the role of the two Courts as instruments of judicial control of Mandates. Their work is studied from the jurisdictional angle. A critical appraisal is made of the handling by the P.C.I.J. of the jurisdictional issues in the Mavromatis cases, and by the I.C.J. of the jurisdictional issues in the South-West Africa cases, in the exercise of both its advisory and contentious jurisdiction. Issues raised by these cases, such as the juridical status of a Mandate Agreement in international law, the question of "legal interest - sufficient interest", the nature of the jurisdiction of the I.C.J. in the South-West Africa dispute, the rights of member States of the United Nations to invoke the jurisdiction of the I.C.J. in this dispute, are discussed whenever their discussion is considered useful in clarifying the jurisdiction of the I.C.J. Finally a comparative study is made of the jurisdictional aspects of the South-West Africa Advisory Opinions and Judgments. Part III reviews the legal situation obtaining under the Charter of the United Nations. Special attention is paid to the applicability of Chapter XII of the U.N. Charter to South-West Africa. The question as to whether South Africa is under an international obligation (under the Charter) to place the territory under the U.N. trusteeship system is examined in detail. The pronouncements of the I.C.J. on this question are reviewed critically. The nature of the jurisdiction of the United Nations over the dis-puted territory is contrasted with that of the League, and an inquiry is made as to whether U.N. jurisdiction over the territory is legitimate even if it exceeds that of its predecessor. The pronouncements of the I.C.J. on this question are reviewed criti-cally. Relevant issues such as the termination of the South-West Africa Mandate by the U.N., its legality, and its effect on the status of the territory are discussed. Lastly Mandates are viewed within the contemporary Law of Nations. The prospects of international adjudication on mandate questions in the changing law of nations is assessed
Emergency powers in Zambia
(2011-10-20) Himwiinga, Paulsen Afro
One striking feature which the Zambian constitution shares in common with other constitutions of Commonwealth Africa is the phenomenon of wideemergency powers which exist under the constitution and also under the various emergency or security statutes and regulations made thereunder. These laws confer on the Executive (in effect the President) unusually extensive powers to deal with both potential or threatened emergencies and actual emergencies. It is often argued in support of the conferment of these powers that of necessity the Executive needs wide powers of action and dispatch in order to preserve public order, peace and security during crisis moments when the nation is faced with grave danger. Unfortunately it has at the same time been observed that the powers granted are often so vast and wide in extent (largely discretionary in nature and therefore lacking sufficient checks and controls) that in the absence of adequate self-restraint or a strong democratic tradition they provide fertile ground for the possible emergence of an absolute or tyrannical rule. This study seeks to examine this possibility in the Zambian context of emergency powers and proceeds to recommend how the fightful possibility of absolute or tyrannical rule could be avoided whilst preserving national security, public peace and order.Part I of the dissertation is divided into two chapters. In chapter one, the theory of Emergency Powers as it developed in the Western political tradition is examined. Chapter two on the other hand, looks at the application of Emergency Powers in the histories of selected countries. Part II (which consists of four chapters) mainly examines the situation in Zambia. In chapter three an account of the Emergency Powers during the colonial era when the country was a British Protectorate is made. The next two chapters in this part, chapter four and five, constitute the main thrust of the present investigation or research on Emergency Powers in Zambia. A comparative analysis and critical examination of the extent, manner of formulation, application of emergency powers is made in chapter four. Chapter five examines judicial interpretation of Emergency Powers in the post-independence era.In the last chapter, chapter six, a constitutional framework for avoiding a dictatorship or tyrannical rule has been proposed.
Problems in the implementation of the conventions and recommendations of the international labour organisation: The Zambian experience
(2011-10-25) Chanda, Kabazo Chalwe
This paper is a discussion of the problems encountered by Zambia in the task of implementing the international labour standards. The embodiment into the Zarnbian legal system of all ratified International Labour Organisation instruments is given, and the problems encountered in the implementation of each instrument are then discussed.The study is divided into three parts and seven short Chapters. The first three Chapters, which form Part One of the paper, deal with introductory matters, mainly with the origins of the idea of universal minimum labour standards, and the resultant formation of the I.L.O. In Part Two of the paper an outline of the operation of the I.L.O. is given, as well as the procedure which is followed in formulation of the standards. In Part Three of the paper the Conventions and Recommendations ratified by Zambia are discussed, bringing out the difficulties she is meeting with in the process.
Comparative study of emergency powers in commonwealth Africa with special reference to Zambia
(2011-10-25) Chanda, Alfred Winstone
The dissertation focusses on a comparative study of emergency powers under some Commonwealth African Constitutions with specific reference to Zambia. The importance of this subject is underlined by the fact that all Commonwealth African Countries possess emergency legislation. Moreover, such legislation is very wide and has been extensively used,often improperly. Emergency powers, once invoked, seriously infringe fundamental individual rights and,therefore, undermine the Rule of Law.The study examines the scope of these powers under the different constitutions in Commonwealth Africa, what safeguards have been provided for affected individuals and the role of the Judiciary in upholding the rights of the individual. Furthermore, the manner in which emergency powers have been used is considered.The thesis is divided into two parts. The first part constitutes an account of the historical background to the theory of emergency powers, and has two chapters. Chapter one discusses the nature and scope of emergency powers found in other common law countries outside Africa. Chapter two examines the development of emergency powers during colonial rule in Zambia (then known as Northern Rhodesia).Part II deals with emergency powers under the Independent Constitutions of Commonwealth Africa. It is composed of five chapters. Chapter three examines emergency powers under some Commonwealth African Constitutions. Amongst issues considered are the nature of the power to declare an emergency, the role of the legislature and the judiciary to check this power and whether the declaration of an emergency is a justiciable issue. In chapter four the legal basis of emergency powers in Zambia is considered. In this regard the salient features of the Preservation of Public Security Act and the Emergency Powers Act are examined, The provisions relating to detentions and restrictions are dealt with in some detail. The last part of the chapter looks briefly at provisions of emergency statutes of other African Commonwealth Countries. Chapter five examines the safeguards available to detainees and how the judiciary has responded to alleged violations of these safeguards. An appraisal of the use of emergency laws in Zambia is undertaken in chapter six. Reference is also made to the way emergency powers have been used in other countries in an attempt to see whether there are any parallels in the use of emergency powers in those countries.Chapter seven is a conclusion.
The effect of party supremacy on constitutional democracy in one party state: A case study of Zambia
(2011-10-25) Chalwe, John Zacharia
Company law in Zambia-its impact on members creditors and workers
(2011-10-27) Lisimba, Munalula V
The title of this dissertation is Company Law in Zambia : Its Impact on Members, Creditors and Workers. The dissertation is concerned mainly with company law in Zambia and attempts to examine the nature of this law especially as it affects the members, creditors and workers. It seeks to show that company law is archaic and has maintained its colonial character and form since its adoption from England in 1921. There has been many changes in Zambia affecting social and economic life of people, for example, take-over of key mining and industrial concerns, the adoption of Humanism as a national philosophy and as a basis for social engineering, and the introduction of industrial democracy as a policy in industrial relations. Company Law, however, has not been responsive to these changes and in fact lags behind them. As a result it has become an inappropriate regulatory instrument of corporate rights and obligations of members, creditors and workers as envisaged by the new economic and social order. Further this paper will show that the present company law is capitalist and protects only the rights of members and creditors and not those of workers. This is in direct conflict with the Philosophy of Humanism as typified in the policy of industrial democracy. Apart from having no provision to protect workers those provisions relating to members and creditors are out of date and need complete revision. They have been outlived by time and are not in keeping with modern business management techniques. The subject of this inquiry therefore is to highlight the salient aspects of company law which affect members and creditors and to propose changes that will be necessary in order to up-date the law by extending its application to the workers. In pursuing this inquiry this paper has been divided into three main parts. The first part deals with company law and economic change. An initial attempt is made here to try and examine the nature of company law from its historical background. Zambia Company Law is based on English Company (Consolidation) Act of 1908 which was principally a capitalist legislation. Under that Act ownership and control were vested in those who owned shares in the company and not workers. The present English Company Law has not changed significantly in this respect and share¬holders still reserve the right to hire and fire management with minimum recourse to the workers. This is the law which was inherited and is still in force in Zambia. The only difference however is that whereas English Company Law has through time been constantly changed according to the needs of the English Society, the Zambian Company Law has-not. Thus one finds that despite the Party and Government Policy of involving workers in all the affairs of their companies the applicable law stands in_direct contradiction to this policy. Further the success of the Economic Revolution initiated in 1967 involving the take-overs of key mining and industrial concerns largely depends on the regulatory law that will put it into effect. Law is the instrument through which state objectives may be realised. If it is archaic it will defeat those objectives. Part One therefore exposes the unsuitability of the present company law and suggests that the Economic Revolution will only succeed if the Company Law rules are revised so that provision is made for regulating the economic activities in accordance with the state objectives of acquiring ownership and control. It is further suggested that the corporate base of ownership and control should be changed from a purely capitalist to a socialist one which will recognize the need for workers' participation. In other words whereas there is a need to vest the power of control in the state from the metropolitan capital owners, there is also a growing demand for workers to participate in management and ownership of the State-controlled companies. This does not mean that workers' participation should be restricted to the state-controlled companies but that the state companies should pave the way for the private companies. Workers being part of the public have a stake in state companies and their position in relation to these companies will be enhanced even more if they were allowed full involvement. The idea of workers' participation will entail substantial variation of the present rules relating to protection of members and creditors' rights. This aspect is amply brought out in Part Two °^ the paper. The line of thought is that the source of protection is membership in the corporation. It is only membership that confers the rights of attendance at meetings, voting and dividends. Because workers are not members they are not entitled to these rights. Any scheme intended to give rights to workers should therefore start by conferring on them the right to membership of the company. Hence company law should be changed to provide for membership based on both capital and labour. When this is done and upon satisfying certain criteria as to length of service, good conduct et cetera workers should be entitled to become members. Apart from membership rights Part Two further stresses that workers should be entitled to those rights which are generally conferred on or reserved for the creditors. Workers should have the right, for example, to object to the passing of a resolution to reduce share capital of the company if such a move will be prejudicial to their interest. They should also be entitled to petition for winding-up if the company fails to pay its debts or if the substratum and all the objects of the company have failed. One may admit that it is going too far to confer these rights on the workers but a counter view is that workers are in an inherently weak position which needs special protection. This is only possible is they are given wider powers than the general shareholders. Protection of workers' rights will also be enhanced if they have the right to disclosure of information which is presently restricted to membas and creditors. This category should include disclosure of company accounts and the right of access to directors'and auditors'reports. The problem at the moment is that most of the rules relating to these matters are very old and scanty and in order to give effective protection to the workers they require to be revised so as to ensure full, accurate and detailed disclosure of corporate information. Directors occupy strategic and influential positions in the company which they can abuse to their own advantage by using inside information. To avoid or at least minimise such abuse it has been argued under Part Two that directors should be compelled to disclose insider interests. Presently there is nothing in the Companies Act to govern this aspect. The Leadership Code Regulations which require leaders to declare their assets and liabilities should be extended and strengthened and should include disclosure of the Leaders' beneficial interests. Such a provision should necessitate the amendment of the Companies Act so as to facilitate disclosure of trusts and beneficial interests which are prohibited. Assuming it is accepted that company law rules should be revised, then Part Three outlines in greater detail proposals for parti¬cipation of workers in company law. It is true that under the present law some progress has been made in the area of participation but unfortunately this is restricted to decision making through the Works Councils. The nature of participation is also purely consultative for Works Council members do not participate directly in making decisions. Again workers unlike shareholders have no legal representation on the board of directors. Hence the effectiveness of the Works Council is greatly minimised. In the absence of workers' representation on the board which is the directing and policy-making organ of the company it is difficult to conceive how meaningful participation is possible. Another submission is made under Part Three that workers should participate in equity by owning shares in the company. This should give them the rights to attend shareholder meetings and to vote. In line with this submission three modes of participation have been suggested catering for companies with large amount of retained profits and for small companies. Once you have managed to involve workers in decision-making and in equity through appropriate amendments to the Companies Act and related Laws then you will have gone a long way in changing company law form a capitalist to socialist one and thereby sharing the power of control between the shareholders and creditors on the one hand and workers on the other.
The impact of military rule upon fundamental human rights in Africa (Ghana and Nigeria
(2011-10-27) Kanganja, Joshua L.
Kilitary coups in Africa hava emerged on the continent only after the acquisition of political indepcndence froma colonial rulers The following independent African countries have experienced a military coups and government more thnn one occasion - Algeria , Burundi and Congo~Braszaville, "Zaire, Central African Republic Gabon Ghana Lesotho, Libya, Mali, Nigeria, Sierra-Lonne, Somalia, Sudan, Togo, Uganda, Upper Voita, Zanzibar and Ethiopia - altogether twenty in all end this figure it must be remembered is exclusive of abortive or attempted coups. Obviouoly judging from the list of countries that have experienced the coup, the military coup has overtaken almost the whole of the African continent* With the success of cuoceee of a military coup, comes military government*To some people, military government means the erosion or abrogation of all democratic inatitutiions. To others and notably so the soldiers who Instigate military takeovers, military governnent its necessary in order that democracy, justice and fundamental human rights and freedoms nay be restored in tho countries where the military coup has taken place. Coup instigators usaully state after the success of the coup d'etn*? that they will be in power only for as long as it Is necessary to clear and rectify the political "messs" that has bean made by the deposed politicians. So with the two view points In mind Ghana and Nigeria where chosen to be the area of study for this dissertation, particularly because there is avidence that suggests that within these countries the military authorities have shown considerable respect for fundamental human rights and freedoms. The dissertation begins with a discussion of the possible reasons why the military intervene in African politico, This was considered necessary as noted nbove the list of countries that have experienced a military coup is quita extensive and so it could be said the incidence of military coups in Africa has reached alarming proportions and as such this problem merits consideration Then there follows a discussion of the legal effects of a military coup upon a legal system and the nature cf military rule After the preliminary matters comes a discussion of the crux of the natter the impact of military rule upon fundamental human rights end freedom© in Ghana and Nigeria The fundamental human rights and freedoms discussed comprise mainly those found in the fundamental rights chapter of independence constitutions (i.e the constitution handed down at tho time of independence) of newly independentt African countries) In particular the following rights and freedoms are discussed •
The law of marriage and divorce among the Malozi of Western Zambia
(2011-10-27) Kakula, Liyoka
This thesis looks at the family law of one of the ethnic groups in Zambia, namely, the Lozl people. The discussion is centred on marriage and divorce. The marriage contract is one of the most complicated aspects of any customary law: the distinction between custom and law is so slim that it is tempting to substitute one for the other. Furthermore, there is always the temptation to discuss the custom at the expense of the law. Certain customary essentials could in one way or another give rise to legal implications. The test, therefore, is to ask whether the apparent custom gives rise to legal consequences. Part One of the thesis examines the ways in which a marriage contract may be concluded. Necessarily, Part One looks at the essentials of a valid marriage contract under Lozl law. In discussing the marriage contract, some distinctions are made between the marriage contract under Lozi law and the marriage contract under statute. This distinction is important because of the problems which arise in a "dual marriage," that is to say, in a marriage which satisfies both the customary and statutory requirements. Attention is focused on the effect of the marriage contract in relation to the spouses. The effect is contrasted with marital property under statutory law. Part Two discusses the matrimonial rights and obligations created by the marriage contract. Unlike in statutory marriage, 111 failure to observe contractual marital obligations gives rise to various grounds for divorce. In statutory marriage, however, the allowable grounds for divorce are neatly set out in the Act. Although some obligations are customary and do not have any legal consequences, the cumulative effect of customary requirements could result In legal obligations. For example, it 1s customary that a husband must provide his family with relish. Although the wife may not petition for divorce because of her husband's failure to provide relish, she can use it as ground for negligence if he persists in his failure to provide it. A valid contract confers sexual rights on the partners. The husband enjoys exclusive sexual rights, and any Infringement of this right entitles him to compensation. On the other hand, the wife cannot sue her husband for adultery, although adulterous behaviour may be evidence of negligence. A distinction is also made here between the concept of marriage under Lozi law and marriage under the statute. Part Three discusses the termination of the marriage contract. The discussion here is contrasted with termination of marriage under the statute. Comparisons are made between the grounds for divorce and the facts that must be proven. It will be seen that the grounds for divorce under Lozi law are almost endless compared to those available to a statutory marriage. This part of the thesis proves, as 1t 1s asserted in Chapter One, that law must be dynamic and responsive to the needs of the society in which it operates. The endless grounds for divorce are 1n keeping with this notion. New grounds must always be made available to adjust to changes taking place 1n the society. As an example, twenty years back, going to town for two years leaving the wife at home in the village would not give rise to termination of marriage. The circumstances then were such that a wife could not accompany her husband to town because Africans were migrant workers whose rightful place was in the village. Today, the wife who has been left in the village for two years can petition for divorce on the ground of negligence. Since Independence, the movements of people to and from town have been relaxed and therefore there is no reason why a man who intends to stay away from home for two years should not have his wife accompany him. Part Three also examines the courts invested with jurisdiction to dissolve a customary marriage. The discussion here includes the various ways In which a Lozi marriage may be terminated. For example, divorce can be obtained by mutual consent, abduction, or elopement. This part analyzes the effect of termination of the marriage contract on the children, especially in custody matters. The involuntary termination of the marriage contract is also discussed (termination by death).Since this is an area surrounded by superstitution and custom. Caution has been exercised to confine the discussion to the legal issues. Part IV discusses the current issues of Lozi law of marriage and divorce. It is devoted to discussing the intertribal marriages, their impact on Lozi laws of marriage and divorce, and the effect of statutory marriages on customary law. This 1s yet another area where law reacts to changes in the society. It Is an area where we see law in the making. The changes taking place since independence are being reflected in the changes in Lozi customary law. Uhat was viewed as an anathema to Lozi law ten years ago is being tolerated today and may become part of Lozi customary lav/ in the future. That was thought to be the proper law ten years back is resented today and may be anathema tomorrow. For example, arranged marriages were very common ten years ago but today are very rare. In a few years, arranged marriages will simply be part of history. Similarly, it was unusual ten years ago to hear of couples arranging their own marriage without prior consent of their parents. Today, it is a common occurrence. These changes are dictated by changed circumstances. They are evidence that law is but a set of rules made by a society in response to circumstances prevailing in a particular community. Finally, customary marriage is contrasted to statutory marriage. This area may provide a starting point for fusing customary family law with statutory family law.
''International law and liberation movements:the legal status of liberation movements in southern africa,with rhodesia as a case study
(2011-10-27) Chikove, Ennias
The question of the status of liberation Movements in Southern Africa is a topical controversy in both international law and politics. In some circles, liberation movements are branded as savage terrorist organisations and in some they are regarded as some kind of legitimate salvation armies which deserve all the support necessary to undertake their liberation programmes. These liberation movements have "caused" great loss of life and property and the international community is divided about their status and thereby indirectly creating a threat to international peace and security, a state of affairs which might result in a Third World War. Bearing all these considerations in mind, the question arises: What does international law say about this political phenomenon of liberation movements? What is the position of liberation movements in international law? Are they legal or illegal in international law? These questions have been a problem to the writer for sometime. In order to answer these questions, the writer, would therefore like to determine the status of liberation Movements in international law, in this dissertation. To be able to do this, he has selected relevant institutions of international law against which he will examine the position or status liberation Movements in Southern Africa with Rhodesia as a Case study, These institutions are: Acquisition of Territory, Self-Determination, Human Rignts, Recognition, International Humanitarian Law and The Use of force.
Land registration under a dual land tenure system in Zambia
(2011-10-31) Mandhu, Fatima
Land, which includes the surface of the earth, the airspace above it and everything beneath the surface down to the centre of the earth, is the source material wealth. As human beings we live on the earth and obtain from it food, clothing, fuel, shelter, metal and precious stones. Even when we die our bodies or ashes are buried into earth. Therefore, the availability of land and its uses are a vital part of human existence. The formulating of land policy and the keeping of land records relating to title and ownership of land are of great concern to all governments. A sound national land tenure policy with an effective land registration system will provide the answers to economic growth of each country. In Zambia the current system of land legislation is based on antiquated English Law and traditional or religious concepts attached to land. Historical, political, and economic factors have contributed to the development of a highly urbanised Zambian population in favour of peri-urban settlements. Zambia is unique among African countries in that it has highly urbanised population, yet arguably an abundant supply of arable land that, for complex historical reasons, remains uncultivated and part of the traditional land system.There are good legal, economic, social and political reasons for the establishment of a modern, coherent, simplified and relevant land legislation and administration system. The current government in Zambia is calling for these land policy reforms. The enactment of the new Lands Act is one such move in the right direction. Before the enactment of the new legislation, land policies were based on the imported colonial laws. Most of the research carried out by academicians on the land laws and policy emphasised the dual land tenure system. Analysis of case law with regard to the complex English concepts and their impact on the customary land tenure system formed the main theme of these studies. This work now combines policy and procedure, therefore diverting from the traditional approach of policy analysis to the actual process of land Registration and the drafting of documents relating to transfer of land.Conveyancing is a difficult process little understood even by lawyers themselves. The need to simplify and streamjine conveyancing procedures through legislation as well as administrative changes, should be emphasised as the basis of future land reform policies. The dissertation is divided into six chapters. Chapter one outlines the general background to Zambian land policy and the application of complex English land concepts. The development and basis of the Land Registration system cannot be discussed without referring to the Torrens Systems, its introduction and spread to various countries. This chapter also includes the legislative history of the land tenure system and its dual nature.The second Chapter discusses the actual system of land registration, its legal history, its rationale and the need to have the right surveying policies with reference to accuracy of boundaries and acreage. It also gives an overview of pieces of legislation regulating the registration of rights and interests in land. Chapter three discusses the practical process of transferring and registering rights affecting land.Most of the case law points towards drafting problems faced by the Advocates. The need to simplify the age long art of conveying is clearly brought out.Chapter four surveys the Lands and Deeds Registry, the institution responsible for officially delivering titles and managing state land, its constraint, including lack of manpower,limited surveying capacity,inefficiency and the delay of proceeding thousands of applications, many of which have been pending for years. Decentralisation and the restructuring of the institution are suggested as a form of reforming the entire land allocation and titling systems.Chapter five focuses on title to and interests in land under the domain of customary law. A unified, simple system of land registration would provide solutions to most of the problems faced by the policy makers, the legislators and the institutions implementing the system of registration of land. The final chapter outlines the findings and makes recommendations.
Technology and the legal framework of its transfer in Zambia
(2011-10-31) Kunkuta, J Musesha C. C.
In Zambia industrial development is a recent phenomenon. Development was introduced into Zambia by the British South Africa Company at the close of last century; with copper mining emerging as the most important economic activity in the country, eventually resulting in the development of a limited "export enclave" type of economy which was inherited at independence. The emergence of the export enclave and the colonial Government's inability to plan and formulate effective economic policies militated against any development in the whole of Zambia apart from the Copperbelt and the line of rail. Consequently at independence Zambia was still under developed with a lot of people displaced from rural areas to urban areas and making the provision of jobs to the urban dwellers the greatest problem that Zambia had to face.The government therefore embarked on the process of diversifying the economy with the hope of encouraging the setting up of manufacturing industries. Manufacturing industries could not pick up on the ground that Zambia lacked a class of local professional managers, capable of controlling manufacturing enterprises. Zambia lacks know-how and has to look elsewhere for the supply of entrepreneurship, management and know-how. To achieve the necessary diversification of the economy,some aspects of technology transfer had to be incorporated in the economic programme of the country. The problems of underdevelopment and the economic background of Zambia, and the steps Zambia has taken in securing foreign technology and the attempts made to control the terms under which technology is acquired and the reaction of the international community to the whole question of the technology transfer form the subject matter of this dissertation. Since each country's approach to, and concept of technology transfer vary from that of the other it is not surprising that Zambia has opted to use the Industrial Development Act (now repealed) and the Investment Act as mechanisms through which to control the transfers as opposed to using the widely used method of patent laws. This dissertation looks at the legal framework of technology transfer in Zambia with a view to determining whether there exists an effective legal system, capable of ensuring technology transfer under fair and reasonable terms, and the determining of whether or not the existence of an appropriate legal framework necessarily constitutes a panacea to all the problems associated with technology transfer. This dissertation looks at the conditions under which technology was transferred before and after the enactment of the Industrial Development Act of 1977 with a view to determining whether there were any differences between the conditions imposed during each period. The main body of the study concerns itself with Zambia's reaction to technology transfer, and with the attempts that have been made and continue to be made by the international community, and the various groups' reactions to technology transfer. Deliberate emphasis is given to the international legal framework, in particular the Paris Convention which is the basic instrument that regulates patent legislation for most countries of the world, and the main legal instruments of international cooperation in the field of legal protection of industrial property and technology transfer.The reason for this is to determine whether the various international instruments have a role to play in ensuring that technology transfer takes place under fair, and reasonable terms. This is with a view to confirming what has often been stated that development of national economy in less developed countries (LDCS) greatly depends upon the condition under which they acquire foreign technology and specifically those deriving from Patent rights. The points on which the whole study revolves include: (a) that technology transfer is essential for industrialization; (b) that the existence of an appropriate legel framework does not necessarily constitute a panacea to all the problems associated with technology transfer; (c) that a more permanent solution lies in Zambia's ability to acquire its own trained manpower. Training is advocated and emphasized as a critical factor if technology transfer capable of adaptation is going to be realized and help to attain the declared objective of national restructuring and the diversification of the economy; (d)that where efforts are being made to regulate the conditions under which technology is acquired, the institutional framework intended for the purpose should be made into a multi-disciplinary group and this group should have access to all relevant documentation and in particular patent documents; and (e)since technology transfer arrangements transcend national borders and to be effectively controlled it is important that the international community cooperate in eliminating all restrictive conditions that find themselves in all transfer of technology arrangements. In Zambia it has long been recognized that components of development are man, money and machines (embodied technology). Each is essential and no two can succeed without the third. Yet in Zambia, up to now this critical mixture is difficult to attain. At various forums it has been and continues to be argued that the basic problem to tackle for the international community is the one sided relationship under which the possession of know-how and capital resources is unequally distributed0 The third of these critical elements-man, has not received enough attention, particularly as regards training. It may be worth mentioning here that Zambian technical education is weake The education system has not been guided by Zambia's manpower needs and has failed to provide Zambia with the education and skills needed to build and develop the country. The dissertation ends by urging the Zambian government to take up the challenge of transforming the Zambian people into a skilled work force, capable of achieving coherent development through the aid of technology transfer. The study also urges the government to undertake studies in the field of technology transfer in Zambia and to make all technology transfer agreements more accessible to the public. It is only through publications of all the agreements that Zambia has entered into that will make Zambians aware of the conditions attached to the use of various technologies. In this way it is hoped similar mistakes could be avoided in future.
The emerging sexual violence jurisprudence in international Humantarian law: A case study of Rwandan tribunal
(2011-10-31) Kaaba, O'brien
This dissertation examines developments and challenges of prosecuting crimes of sexual violence in international tribunals and takes the International Criminal Tribunal for Rwanda as a case study. The dissertation addresses the problem of ending impunity for crimes of sexual violence committed during conflict and war. The research methodology used included sampling, data collection, data analysis and finally writing the report. It is qualitative in nature and not quantitative.Following the death of the Rwandan president in April 1994 there was occasioned a mass slaughter of the minority Tutsi that appalled the conscience of the international community. It dawned after the conflict that sexual violence was widespread and systematic and ruthlessly employed to victimise the Tutsi women and girls. In the aftermath of the genocide, recognising that serious violations of humanitarian law were committed in Rwanda, acting under Chapter VII of the United Nations Charter, the Security Council created the International Criminal Tribunal for Rwanda (ICTR) by way of Resolution 955 of 8 November 1994. The purpose of this measure was to contribute to the process of national reconciliation in Rwanda and to enhance regional peace and stability. The ICTR has been in operation for more than a decade and has made huge contribution in developing sexual violence jurisprudence including being the first international court to hold that sexual violence could be a constituent element of the crime of genocide. Despite this achievement and unquestionable contribution of the ICTR to the growth of sexual violence jurisprudence in International Humanitarian Law, the record indicates a less than 30 per cent of convictions for sexual violence in completed cases, a record which reflects squandered opportunities and is at variance with the magnitude of the sexual violence committed during the genocide. The research came to a conclusion that this uninspiring record is due to inept investigation, half-hearted prosecution of sexual violence cases, and insensitivity on the part of some judges. The research also indicates that international instruments that pertain to sexual violence have been superseded by developments in case law and need to be revised so as to suit contemporary challenges.
The security of tenure of staff in the local government service
(2011-11-02) Kapeza, Noah
The aim of the study is to analyse the security of tenure of staff in. the local Government Service. This study has been prompted by the numerous complaints from the stuff, the Zambia Local Authorities Workers Union,Members of Parliament and Councils themselves about delays in the processing of appointments, confirmation, transfers, secondments,terns and conditions of service and disciplinary cases. There have also been complaints about unfair treatment in the way disciplinary cases have been handled. The aim of the study is therefore to find the reasons for the delays and unfair treatment end find some solutions to these problems. It is an admitted fact that for Council to operate efficiently the staff need to be motivated in their work and one of the ways to motivate them is to offer them security in tenure of office by seeing to it that appointments, confirmations, promotions, transfers, secondments, terms and conditions of service and disciplinary cases are dealt with expeditiously. Further that there is fair treatment in the way disciplinary cases are dispose off. In order to have a proper perspective of the issues involved in the problem being analysed this will entail the examination of local Government Service from pro-independence days to date to determine how secure the staff are in their tenure of office. In the study the term staff will encompass both, officers and employees serving in the Local Government. The study is divided into three parts constituted of six chapters district council.Part one comprised of chapter one gives the historical background to the evolution and development of local government in Zambia.It also studies the local government service as administered by councils,Township Management Boards in urban areas and native Authorities in rural areas and whether the staff employed under these institutions had security of tenure.Part two dealing with Local Government Service from independence to date is comprised of four chapters namely chapters two to chapter five.Chapter two studies Local Government service between 1963 to 1974.The Local Government (officers) ordinance of 1963 which created the part-time Local Government Service commission and the provincial service Boards so as to allay the fears of the expatriate staff about their security of tenure is discussed in this chapter. Also discussed in this chapter are the failures and successes of the Part-time local Government Services commission and the provincial Service Boards. Chapter three focuses on the Local Government service between the period 1974 and 1980.The Local Government Act of 1974 which established the Full-Time Local Government commission analyzed.The reasons for the creation of the Full-Time Local Government Service Commission and the failures and successes of the the commission are discussed. Chapter four is concerned with Local Government Service between the period 1980 to 1986 which saw the enactment of the local administration Act No.15 of 1980, which established an integrated district council which combined and placed the tripartite local government structure (township, rural and municipal council, the district development committees) and incorporated the party organisation. Under this Act the employees in the Local Government Service and Local Authority .Service were ''seconded'' to the Public Service. The meaning of "secondment'' is discussed with reference to decided cases. The role of the public Service Commission in guaranteeing the security of tenure of staff is also discussed. Chapter five discusses Local Government Service between the period 1986 to date. This chapter is devoted to analyzing the recent amendment to the Local Administration Act with the enactment of Act .To. 21 of 1986 .which gives Councils power to hire, transfer, second,discharge or dismiss staff and whether under the provisions of this amemndment the staff have safeguards in their tenure of office. Part comprises of chapter six is the conclusion of the study and is this chapter a summary of the conclusions drawn from the study is made and recommendations is necessary to enhance the security of the staff are advanced.
The effect of the Zambian Land tenure system on Agricultural development
(2011-11-02) Muleya, Luke
The land tenure system of any given country has a long term impact on the development of the agricultural sector. Hence for developing countries like Zambia which wish to diversify their economies through the promotion of the sector, the land tenure system must be moulded in such a way as to be conducive to agricultural development. Such a moulding, however, and thus the agricultural development, may be achieved only if laws are passed that provide the necessary rules and infrastructures. This is because one of the purposes of law is to achieve development, agricultural development inclusive. Zambia, being a former colony, has a dual legal system comprising of customary laws and imported English laws. During the colonial period, whilst the white settlers introduced English law to apply to them and guide their activities, the indigenous Africans were left to their own native customary laws. As far as land tenure was concerned, therefore, a dual land tenure system was introduced Customary rules of tenure applied to land held by Africans, and on the other hand new land laws were enacted to advance agricultural production by white settlers. When the territory attained independence, the only changes introduced were basically political. Most of the pre-independence laws were inherited by the Government from their predecessors. Since these laws passed during the colonial period had the objectives of promoting the interests of the white settlers and of implementing the colonial Government policy, there is need to review the laws. As regards the customary rules of land tenure, these rules are uncertain due to being unwritten Moreover, although they might have been conducive to traditional landholding, the changes introduced by modern technology and new methods of agricultural production make such rules archaic. Hence the need for the rules to be changed to suit recent developments in the mode of production. Despite the good intentions of the post-independence Government, its legislation has not achieved the objective of controlling land and promoting agricultural production. This is because of ambivalence with regard to customary land tenure and non-implementation of development requirements.
Urban Law and Housing Policy in Zambia
(2011-11-03) Mulimbwa, Anthony; Cyril
This dissertation attempts to evaluate the legal framework within which the government seeks to implement its housing policies, The government has made several policy statements in National Development Plans, housing programmes and circulars regarding the steps to be taken to eliminate housing shortage. This inquiry seeks to determine whether the law relating to housing enhances the implementation of the policies formulated by the government, It follows therefore that the term "policy'1 in this context is restricted to policy statements and A directives emanating from government sources, That there is a need for reform of the various legislative enactments affecting housing in this country is evident from the following observation in the Third National Development Plan: "There is an obvious need to co-ordinate legislation relevant to housing and to introduce amendments to various Acts which at present are hampering housing development in order to formulate a comprehensive legislative backing of the housing policies and to remove inconsistencies in the present legislation", Cap,330). The following legislative enactments appear to be of particular interest in this regard; the National Housing Authority Act, the Lands and Deeds Registry Act, the Land Survey Act, the Town and Country Planning Act, the Public Health Act and the Housing (Statutory and Improvement Areas) Act. These will be critically analysed in the work. Chapter One: This is an introductory Chapter which discusses the general urban housing situation in the country. It shows the various categories of land available for housing in urban areas, and urban land tenure generally. It also examines the institutions responsible for housing and the nature of the housing A problem which they are to solve. Chapter Two: The Chapter is concerned with the colonial housing policy and the law; as some of the housing policies being pursued were evolved during the colonial era, namely home ownership and housing tied to employment, the emphasis is therefore on the legacies of the colonial housing system. Chapter Three; The Chapter discusses the policies adopted by the government after independence which are home ownership within and outside Site and Service. Areas, and the recognition and Improvement of Squatter Areas. These policies reflect an appreciation of the futility of reliance on local authority rental housing. Hence the abandonment of further rental housing in 1972. The Chapter also discusses the significance of each of the policies in the overall national housing programme and the sources of finance for their implementation. Chapter Four: This is an exposition of the legal difficulties and practical problems encountered by developers of housing in areas outside Site and Service Schemes and improved or upgraded squatter settlements. The difficulties arise from the law A and practice relating to dealings in land, planning permission under the Town and Country Planning Act and the Public Health (Building) Regulations. The Chapter also evaluates the building standards as prescribed by the building regulations in terms of their suitability in the context of the Zambian situation. Chapter Five: The Chapter discusses the legal framework for the implementation of the policy of home ownership in Site and Service Schemes and upgraded squatter settlements. This involves a discussion of the provisions of the Housing (Statutory and Improvement Areas) Act with regard to incentives towards housing development in the areas covered by the Act, The Chapter also evaluates the Act with regard to the extent to which it enhances the implementation of the home ownership policy in Site and Service Schemes and upgraded squatter settlements, Chapter Six: The dissertation concludes with an appraisal of housing policies with regard to their suitability to the Zambian urban situation, as well as the law under which these policies are being implemented.
The Preferential Trade Area Treaty for Eastern and Southern African states : A legal analysis
(2011-11-03) Hansungule, Kennedy Michelo

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