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- ItemNullification of Elections in Zambia: A critical analysis of required statutory grounds in an election petitions(2015) Chungu, SulaElectoral malpractice is a contentious issue in a democratic state like Zambia. This is so because free and fair elections are an important tenant of a democracy. This research was aimed at investigated the effectiveness of the statutory grounds of proof for nullifying an election on grounds of electoral malpractice. Qualitative research methods were employed during this research. The data relied upon consisted of primary data, namely statute and case law and secondary data consisting of scholarly articles and other related literature. In order to achieve the aforementioned aim of this investigation an examination of the electoral systems which are applied in the world was undertaken in order to establish the extent to which the electoral systems are susceptible to electoral malpractice. This research also assessed the legal and institutional framework of Zambia’s electoral system establishing the extent the legal framework promotes the curbing of electoral malpractice. After the investigation this research discovered that the first past the post system that is practised in Zambia is highly susceptible to electoral malpractice and this implied that the legal framework which provides regulations for this electoral system has to extensively protect the electoral system. This research also found that the required statutory ground that electoral malpractice affected the majority of voters from voting for the preferred candidate was enacted to protect the electoral system. However, due to the fact that the electoral system in Zambia entails that a parliamentary election candidate can win an election by a minority the statutory ground is dangerous to the electoral system because an affected minority of voters can change an outcome of an election. Agency in election campaigns was of relevance to this research. This research discovered that the court in Zambia follows the law of agency strictly. However, in a plural political system like Zambia political parties campaign for their candidates hence candidates may use the defence of party members not being their agents to avoid liability. Adducing evidence in election petitions has had a major impact on proving the required statutory grounds. The standard of proof in election petitions is higher than a balance of probabilities and taking into consideration the factual nature of elections the rules of evidence make it difficult for the petitioner to attain such a high standard and hence even though elections are marred with malpractice the election cannot be nullified. This research recommends that; The Electoral Commission of Zambia as mechanism of enforcement of electoral regulations must be given power to punishment those who commit electoral malpractice; the scope of agency with regards election must be enlarged to carter for the electoral and political system. For purposes of deterrence of electoral malpractice so as to have political parties discipline their members from committing electoral malpractice.
- ItemNullification of election in Zambia: A critical analysis of required statutory grounds in an election petition.(The University of Zambia, 2015) Chungu, SulaElectoral malpractice is a contentious issue in a democratic state like Zambia. This is so because free and fair elections are an important tenant of a democracy. This research was aimed at investigated the effectiveness of the statutory grounds of proof for nullifying an election on grounds of electoral malpractice. Qualitative research methods were employed during this research. The data relied upon consisted of primary data, namely statute and case law and secondary data consisting of scholarly articles and other related literature. In order to achieve the aforementioned aim of this investigation an examination of the electoral systems which are applied in the world was undertaken in order to establish the extent to which the electoral systems are susceptible to electoral malpractice. This research also assessed the legal and institutional framework of Zambia’s electoral system establishing the extent the legal framework promotes the curbing of electoral malpractice. After the investigation this research discovered that the first past the post system that is practised in Zambia is highly susceptible to electoral malpractice and this implied that the legal framework which provides regulations for this electoral system has to extensively protect the electoral system. This research also found that the required statutory ground that electoral malpractice affected the majority of voters from voting for the preferred candidate was enacted to protect the electoral system. However, due to the fact that the electoral system in Zambia entails that a parliamentary election candidate can win an election by a minority the statutory ground is dangerous to the electoral system because an affected minority of voters can change an outcome of an election. Agency in election campaigns was of relevance to this research. This research discovered that the court in Zambia follows the law of agency strictly. However, in a plural political system like Zambia political parties campaign for their candidates hence candidates may use the defence of party members not being their agents to avoid liability. Adducing evidence in election petitions has had a major impact on proving the required statutory grounds. The standard of proof in election petitions is higher than a balance of probabilities and taking into consideration the factual nature of elections the rules of evidence make it difficult for the petitioner to attain such a high standard and hence even though elections are marred with malpractice the election cannot be nullified. This research recommends that; The Electoral Commission of Zambia as mechanism of enforcement of electoral regulations must be given power to punishment those who commit electoral malpractice; the scope of agency with regards election must be enlarged to carter for the electoral and political system. For purposes of deterrence of electoral malpractice so as to have political parties discipline their members from committing electoral malpractice.
- ItemThe enhancement of corporate governance in Zambia through company law reform(University of Zambia, 2016) Banda, KadidjaCorporate Governance is the term used to describe -the way in which companies are controlled and directed. The legal basis for Corporate Governance in Zambia lies with the Companies Act, Cap. 388 of the Laws of Zambia. The importance of Corporate Governance has increased and been pressed globally following a number of corporate scandals that shook the corporate world (i.e. Enron and Parmalat) and the Zambian corporate market (i.e. Meridian BIAO). This research seeks to establish whether the current law on companies is adequate particularly in respect of Corporate Governance. Once complete, this paper should give a clear picture on the state of company law and corporate governance in Zambia. This paper will also put forward company law reforms that will bring the Companies Act up to the standard of the trends obtaining in the same area around the globe. This research finds that the law on companies has become out-dated and does not adequately provide for Corporate Governance. The research goes on to propose reform of the Companies Act. The research proposes a statutory statement of directors' duties as well as the introduction of provisions on disclosure and transparency, particularly in respect of financial reporting. It is important that legislation on the manner in which directors conduct the affairs of companies and themselves be clear and easy to understand as it shall promote good Corporate Governance practices and in hindsight help prevent the collapse of other corporate entities.
- ItemThe Sustainable Use and Concervation of Biodiversity in Zambia: A Review of the Forestry Sector(The University of Zambia, 2008) Shauma, GroyIn Zambia more than 60 percent of the land is forest. The forests provide vital products for rural and urban dwellers, such as fuel wood, timber for construction and food. Generally forests provide shelter for animals and promote biological diversity conservation. Deforestation is mainly caused by uncontrolled forest product exploitation, illegal settlements, encroachment, clearing land for agricultural purposes and bush fires. This has brought about the need to restructure the forestry and related departments and also to reform both the law and policies in light of the current emerging consumption trends and land use practices that are unsustainable. Currently the Zambian Forestry Sector faces increasingly difficult challenges. The most obvious being the growing demand for forest products (especially fuel wood), Environmental services, the conservation of biological diversity, mitigation of global climate changes, protection from desertification and protection of soil and water resources, demands for achieving more equitable distribution of benefits from forests, for safeguarding the rights of local communities (forest dwellers), and for ensuring widespread participation in decision making related to forest management has added to the complexity and challenge of forest management and policy making today. Although Zambia has at least 19 pieces of legislation and a number of policies related to biodiversity in Zambia, the principal Act that governs the forest sector is the Forestry Act Number 39 of 1973. However, this Act emphasis on the "policing" sole of the forestry Department and the exclusion and restriction of local communities in forest management. Furthermore this Act took away all private ownership rights of trees, even where title to land was held. In response to this the government has made a new forest policy that has the objective of ensuring rational and sustainable protection, management, production and utilization of forest resources. It recognizes the need for employing broad-based and participatory approaches to forest sector development. In addition the Zambian government has also enacted a new Forest Act of 1999 which contains salient provisions which addresses most of the challenging environmental issues. However this Act is still non operational citing financial, legal and administrative huddles. Also the government has ratified various International Environmental Instruments and also has made a global commitment to conserve natural resources as can committed to come up with various initiatives to promote conservation and sustainable use of forest resources, especially in this day and age of the growing threat of global warming and climate change.
- ItemA STUDY OF WIDOW INHERITANCE IN ZAMBIA AND ITS RELATIONSHIP TO THE DECEASED BROTHER’S WIDOW’S MARRIAGE ACT(The University of Zambia, 2015) Kambole, Mwenya A.Widow inheritance is a custom commonly practiced in Africa. In this custom, a man inherits the property and wife of his deceased brother or relative. The custom is practiced in order to ensure that a widow and her children are taken care of after the death of her husband. In Zambia, the custom is supported and portions of it given statutory legal effect by The Deceased Brother’s Widow’s Marriage Act Chapter 57 of the Laws of Zambia, which legalises the marriage between a man and his deceased brother’s widow. This research set out to compare the practice of widow inheritance among the Bemba, Nsenga and Lenje tribes of Zambia. This was done in order to establish why these three tribes practice the custom and whether the custom is relevant in Zambian modern society. The objectives of the research were to establish how and why the Bemba, Nsenga and Lenje tribes practice widow inheritance and whether economic, social and cultural changes in society have affected the practice of this custom. This research was conducted by interviewing members of the communities in question and through desk research from relevant statutes, books and the internet. It was established that under customary law, women were not allowed to own property or land without the consent of their husbands or their fathers if unmarried. Therefore, when a man died, his male relative inherited his property. Widow inheritance was therefore necessary because the widow could not inherit the property of her deceased husband. Therefore, widow inheritance ensured her continued care from her deceased’s husbands relatives who inherited his property. Widow inheritance was also done in order to continue the deceased’s lineage and in order to keep the widow in the family. This research shows that widow inheritance is a custom. Like most customs, the way widow inheritance is practiced has changed over time in response to economic, social and cultural changes. It was established that the Bemba, Nsenga and Lenje no longer practice widow inheritance fully in the sense that only a remnant of the practice has survived as an option to be opted for instead of a mandatory practice. This has been due to the enactment of the intestate Succession Act Chapter 59 of the Laws of Zambia and Wills and Administration of Testate Estates Act Chapter 60 of the Laws of Zambia which provide for how much a widow inherits from her deceased husband’s estate. In addition, the risk of the spread of HIV/AIDS and other diseases has contributed to the move away from practicing widow inheritance. Human rights fundamentalists also argue that customs like sexual cleansing and widow inheritance are inhuman, degrading, humiliating and against international human rights that everyone is entitled to. This research further shows that firstly, the way the custom is practiced is not contradictory to the inheritance acts, it flourishes in its own right. Secondly, the practice is not injurious therefore, the custom should be promoted and the act amended to suit the changes in society.