AN EVALUATION OF THE EFFECTIVENESS OF THE BUSINESS LICENSING SYSTEM ESTABLISHED UNDER THE BUSINESS REGULATORY ACT
Date
2015
Authors
Bwalya, Leah
Journal Title
Journal ISSN
Volume Title
Publisher
The University of Zambia
Abstract
The objective of this research is to evaluate the licensing system under the Business Regulatory Act no. 03 of 2014, with the view to ascertaining the extent to its licensing system under the improves the establishment of businesses in Zambia. This research primarily focuses on the new single licensing system and the facilities that qualify its reliability as the proper response to problems faced in Zambia’s business licensing environment.
In recent times there have been discussions on business licensing in Zambia. Different sections of the Zambian society have sharply criticized the business licensing system as lacking independence, inept, inefficient, corrupt, ungovernable, elitist and not accountable to persons doing business in Zambia. The major demand has been for the revision of the business regulatory laws. In response, the government has enacted the Business Regulatory Act under which the new business licensing system is established.
The research starts by discussing the concept of business regulation and narrows down to the new licensing system. The research examines the concept of the licensing system, international standards relating to business licensing and the mechanisms through which business regulation can be achieved. This is followed by an examination of the law and practice on business regulation in Zambia. The research employed the socio-legal method and relied on qualitative data. Both primary and secondary data were used. Desk based research was the main method of data collection. The relevant legislations in Zambia are also reviewed.
The main findings of the study are first, that the concept of the new licensing system is an improvement to the business licensing system in Zambia as the e – registry, minimal costs and improved timing are necessary for an improved business environment in relation to investment, reduction of poverty and employment. Secondly, that the transparency is reflected in the provisions of disclosure principles, immunity covering only acts done in good faith, accounts and audits of the committees established by the minister. Thirdly, that the e – registry is itself an improvement on the fight against corruption as it reduces personal contacts with the agents that may seek a bribe from the business persons. Finally the study concluded that to a very large extent, the licensing system is an improvement to the business environment in Zambia as it reflects economic, social and cultural rights.
The main recommendations of this study are; firstly, there is need for the licensing system to adhere to all International Finance Corporation standards, secondly, there is need for the licensing system in Zambia to enhance transparency as buffer against corruption. Thirdly, there is need for the licensing system in Zambia to improve the realization of economic social and cultural rights by providing for a training awareness program.
Description
Keywords
Licenses--Zambia