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Zambia
Analyst
Zambia

Oliver Kawewe

Africa Political Analyst appointed and certified by ASPG University

Research paper

Title: Governance System in Zambia: An Examination of Laws, Taxation policies, Economic Distribution, and Conflict of Interests

Abstract

This article examines the governance system in Zambia, focusing on laws, taxation policies,

economic distribution, and the conflict of interest within the political government. The study aims

to provide insights into the complexities of governance in Zambia and offer recommendations for

improvement.


1. Introduction

The Republic of Zambia, located in Southern Africa, is a country endowed with abundant natural

resources, including copper, cobalt, and fertile land. Since gaining independence in 1964,

Zambia has faced significant development challenges, including widespread poverty, inequality,

and economic instability. The governance system plays a pivotal role in shaping the country's

economic and social trajectory. However, the interplay of laws, taxation policies, economic

distribution, and conflict of interests within the political government has hindered the effective

management of Zambia's resources.

The country's economic performance has been marked by periods of growth and decline,

largely influenced by fluctuations in global commodity prices and domestic policy decisions.

Despite efforts to diversify the economy, Zambia remains heavily reliant on the extractive sector,

which contributes significantly to government revenue. However, the benefits of economic

growth have not been equitably distributed, with poverty and inequality remaining major

concerns.

Effective governance is critical to addressing these challenges and promoting sustainable

development. The governance system in Zambia is shaped by a complex interplay of

institutions, laws, and policies. Understanding how these factors interact and impact governance


outcomes is essential for identifying areas for improvement and promoting more effective and

accountable governance.

This article examines the complexities of governance in Zambia, focusing on laws, taxation

policies, economic distribution, and conflict of interests within the political government. By

analyzing these aspects, the article aims to highlight the need for a more effective and

accountable system that promotes sustainable development and inclusive growth in Zambia.

2. Laws and Governance Structure

Zambia's governance structure is based on a multiparty democracy, with a president serving as

both head of state and government. The country has a range of laws governing various aspects

of governance, including the Constitution, Electoral Act, and Public Finance Management Act.

Constitution:

The Constitution of Zambia promulgated on 25 August 1973, abrogated the original 1964

constitution. The new constitution and the national elections that followed in December 1973

were the final steps in achieving what was called a “one-party participatory democracy”.

The 1973 constitution provided for a strong president and unicameral National Assembly.

National policy was formulated by the central committee of the United Independence Party

(UNIP), the sole legal party in Zambia. The cabinet executed the central committee’s policy.

In accordance with the intention to formalise UNIP supremacy in the new system, the

constitution stipulates that the sole candidate in the elections for the office of president was

selected to be president of UNIP by the party’s general conference. The second- ranking person

in the Zambian hierarchy was UNIP’s secretary general.

In December 1990, at the end of a tumultuous year that included riots in the capital and an

attempted coup, President Kaunda signed legislation ending UNIP’s monopoly on power. In

response to growing popular demand for multiparty democracy, and after lengthy, difficult

negotiations between the Kaunda government and the opposition groups, Zambia enacted a

new constitution in August 1991. The constitution enlarged the National Assembly from 136 to a

Maximum of 158 members, established an electoral commission, and allowed for more than one

presidential candidate who no longer had to be a member of UNIP. The constitution was

amended again in 1996 to set new limits on the presidency (including a retroactive two-term

limit, and a requirement that both parents of a candidate be Zambian born). The National

Assembly comprised 150 directly elected members, up to eight presidentially appointed

members, and a speaker.

Political History


The major figure in Zambian politics from 1964 to 1991 was Kenneth Kaunda, who led the fight

for independence and successfully bridged the rivalries among the country’s various regions

and ethnic groups. Kaunda tried to base government on his philosophy of “Humanism”, which

condemned human exploitation and stressed cooperation among people, but not at the expense

of the individual. During Kaunda’s presidency, members of all ethnic groups were represented

by ministers in government, in relation to their demographic size.

Zambia conducted three democratic elections (1962, 1964, and 1968) after achieving

independence. The elections were married by violence and irregularities, but all parties

respected the results

Before 1972, Zambia had three significant political parties: the United Independence Party

(UNIP), the African National Congress (ANC), and the United Progressive Party (UPP). The

ANC drew its strength from the Western and Southern provinces, while the UPP found some

support among Bemba speakers in the Copperbelt and Northern Provinces. Although not

strongly supported in all areas of the country, only UNIP had a nationwide following.

One-party state

In February 1972, Zambia became one party state, and all other political party were banned.

Kenneth Kaunda, the sole candidate, was elected president in the 1973 elections. Elections also

were held for the National Assembly. Only UNIP members were permitted to run, but these

seats were sharply contested. President Kaunda’s mandate was renewed in December 1978

and October 1983 in a “yes” or “no” vote on his candidacy. In the 1983 elections, more than 60%

of those registered participated and gave President Kaunda a 95.38% “yes" vote.

1991: Move to a multi- party state

Growing opposition to UNIP’s monopoly on power led to the rise in 1990 of the Movement for

Multiparty Democracy (MMD). The MMD assembled an increasingly impressive group of

important Zambians, including prominent UNIP defectors and labour leaders. During the year,

President Kaunda agreed to a referendum on the one-party state but, in the face of continued

opposition, dropped the referendum and signed a constitutional amendment making Zambia a

multi- party state. Zambia's first multi- party elections for Parliament and the presidency since

the 1960s were held on 31 October 1991. MMD candidate Frederick Chiluba resoundingly

carried the presidential elections over Kenneth Kaunda with 76% of the vote.

1991-2001: MMD and Frederick Chiluba

By the end of Chiluba’s first term as president (1996), the MMD’s commitment to political reform

had faded in the face of re-election demands. A number of prominent supporters found

opposing parties. Relying on the MMD's overwhelming majority in Parliament, President Chiluba

in May 1996 pushed through constitutional amendments that eliminated former President

Kaunda and other prominent opposition figures from the 1996 presidential elections.


President Chiluba was re-elected in November 1996 and the MMD won 131 seats out of 150

seats in the National Assembly. Kaunda’s UNIP party boycotted the polls to protest the

exclusion of its leader from contesting the elections. Despite the UNIP boycott elections took

place peacefully, and five presidential and more than 600 parliamentary candidates from 11

political parties participated.

2001-2008 Levy Patrick Mwanawasa

Presidential, parliamentary, and local government elections were held on 27 December 2001.

Eleven parties contested the elections. The elections encountered numerous administrative

challenges. Opposition parties alleged that serious irregularities occurred. Nevertheless, MMD

presidential candidate Levy Mwanawasa was declared the winner by a narrow margin, and he

was sworn into office on 2 January 2002. Three political parties petitioned the results, but the

High Court threw away the petition for lack of proper evidence. In the 2006 presidential elections

was hotly contested, with Mwanawasa being challenged by Michael Sata of the Patriotic Front

and Hakainde Hichilema of the United Party for National Development.

The presidency of Levy Mwanawasa until his death in office in mid-2008, was different from the

flamboyant expenditure and increasing apparent corruption of the later years of Frederick

Chiluba's term in office.

Following Mwanawasa’s death in August 2008, Zambian's vice president Rupiah Banda

succeeded him to the office of president, to be held as a temporary position until the emergency

elections on 30 October 2008. Banda won by a narrow margin over opposition leader Michael

Sata, to complete the remainder of Mwanawasa’s term.

2011 elections

President Rupiah Banda failed to be re-elected as President, losing to Michael Sata which

brought an end to a total of 20 years’ 29 years’ rule by three presidents from MMD.

Michael Sata was sworn in; he ruled for about three years and he died in office and Guy Scott

was the temporary president until 25 January 2015, when Edgar Chagwa Lungu was sworn in

as President of Zambia.

Lungu’s presidency has thus far been criticized for failing to improve the health depreciation of

the kwacha. There have also been unsubstantiated reports of Lungu’s alleged alcoholism,

stemming from a reported physical collapse early in his presidency. The economic challenges

faced Zambia, in particular the depreciating of the Wacha, was attributed to the global fall of

commodity prices. Zambia derives over 90% of its export from earnings from a single

commodity, copper, which had lost about 45© of its value on the international commodity

market.

In August 2016 Zambian general elections, President Lungu won re-election narrowly in the first

round of the election. The UPND rejected the results claiming fraud and voter buying.

2021-


In the 2021 general elections, characterized by 70% voter turnout, Hakainde Hichilema won

59% whilst his closest rival, incumbent president Lungu received 39% of the vote. On 16August

Edgar Lungu conceded defeat in a TV statement, sending a letter and congratulating president

elect Hakainde Hichilema and on 24 August Hakainde Hichilema was sworn in as the new

President of Zambia.

The Constitution of Zambia provides the framework for the country's governance structure and

outlines the powers and responsibilities of the president, parliament, and judiciary.

Electoral Act: The Electoral Act regulates the conduct of elections and referendums in Zambia,

ensuring that they are free, fair, and transparent.

-Public Finance Management Act:* The Public Finance Management Act provides for the

management of public finances, including budgeting, accounting, and auditing.

Zambia operates as a presidential representative democratic republic, with a multi- party

political system and a clear separation of powers among the executive, legislative, and judicial

branches.

Zambia was a democracy from independence to 1973. Zambia was a one-party state from 8

December 1973 until multi- party democracy was re-introduced on 4 December 1990 which led

to multi- party elections on 1 November 1991. Since then, Zambia has been a relatively stable

democracy having consistently peacefully transferred power between four political parties

(UNIP, MMD, PF and UPND) and has since 1991held nine presidential elections, of which seven

were general elections.

Zambia has undergone democratic backsliding since 2011. The Economist Intelligence Unit

(EIU) rated Zambia as a hybrid regime in 2020. The EIU has also consistently put Zambia

among the top most democratic African countries, ranking it 8th in Africa and 99th in the world

as of 2018 (167) states. This is also while Freedom House ranks Zambia as ‘Party Free’, with a

score of 52/100 (0 least free and 100 free) as of 2021.

Political Structure

Executive Branch:The President of Zambia serves as head of state and government, who is

Elected by popular vote, the President appoints a Cabinet consisting of ministers who assist in

policy formulation and implementation and exercises executive power. The President serves

terms of five years and are limited to two terms.

Prior to the 2016 Constitution Amendment the Zambian vice president was appointed by the

president, but the current 2016 amendment puts the vice president on the same electoral ticket

as the president.(Running mate) (Article 110 Sec 2,3 and 4) And in the event of a vacancy of an

elected president the vice president is the immediate successor to the president and remains

president until the next general elections (Article 106 Sec( 5a) and Sec 6. This is in contrast to

the 1996 constitution that required a by-election within 90 days of an elected president’s

vacancy with the vice president acting as an interim.


Legislature: The unicameral National Assembly is the country's legislative body, comprising

elected members, exercises legislative power and was formed following elections held on 12

August 2021, has a total of 167 members. 156 members are directly elected in a single

-member constituency using the simple majority or first past the post system. 8 seats are filled

through presidential appointments, and 3 seats are held by ex-officio members: the vice

president, the Speaker and one Deputy Speaker. All members serve five year terms.

Judiciary: The judiciary, comprising the Supreme Court and other courts, exercises judicial

power. The judiciary is responsible for interpreting laws and ensuring that they are consistent

with the Constitution.

Zambia's governance structure also includes various institutions that support accountability and

transparency, such as the Anti-Corruption Commission, the Office of the Auditor General, and

the Zambia Revenue Authority. These institutions play a critical role in promoting good

governance and combating corruption.

3. Taxation Policies

Zambia's taxation policies aim to promote economic growth, revenue mobilization, and fairness.

The country has a range of taxes, including income tax, value-added tax (VAT), and mineral

royalties.

Income Tax: Zambia's income tax system is governed by the Income Tax Act. The Act provides

for the taxation of income earned by individuals and companies, including employment income,

business income, and investment income. The income tax rates vary depending on the type of

income and the taxpayer's status. For example, individuals are subject to a progressive income

tax rate ranging from 0% to 37.5%, while companies are subject to a corporate income tax rate

of 35%.

Value-Added Tax (VAT): VAT is a consumption tax charged on the supply of goods and

services in Zambia. The VAT system is governed by the Value Added Tax Act. The standard

VAT rate is 16%, although certain goods and services are exempt or zero-rated.

Mineral Royalties: Zambia imposes mineral royalties on mining companies, which are

calculated as a percentage of the gross value of minerals extracted. The mineral royalty rates

vary depending on the type of mineral, ranging from 4% to 6% for copper and cobalt.

The Zambia Revenue Authority (ZRA) is responsible for administering taxes, including

registration, filing, and collection. The ZRA has implemented various initiatives to improve tax

compliance and revenue mobilization, including:

Taxpayer Education: The ZRA provides taxpayer education and outreach programs to

enhance compliance and understanding of tax obligations.

Electronic Filing: The ZRA has introduced electronic filing systems to simplify tax compliance

and reduce administrative burdens.

Audit and Enforcement: The ZRA conducts audits and enforcement activities to detect and

prevent tax evasion.


Zambia's tax policies also include incentives aimed at promoting investment and economic

growth:

Tax Incentives: The government offers tax incentives to attract investment, including tax

holidays and reduced tax rates for certain industries, such as manufacturing and tourism.

Special Economic Zones: The government has established special economic zones (SEZs)

offering tax incentives and other benefits to companies operating within the zones.

The government has also implemented tax reforms aimed at simplifying the tax system,

reducing tax evasion, and increasing revenue:

Tax Reforms: Recent tax reforms have focused on broadening the tax base, improving tax

administration, and enhancing compliance.

International Agreements: Zambia has entered into double taxation agreements and other

international tax agreements to promote cooperation and avoid double taxation.

4. Economic Distribution

Zambia's economic distribution is characterized by significant inequalities, with a small elite

controlling a large share of the country's wealth. The country's economic performance has been

marked by periods of growth and decline, largely influenced by fluctuations in global commodity

prices and domestic policy decisions.

Income Inequality: Zambia has a high level of income inequality, with a Gini coefficient of 0.57

(World Bank, 2020). The richest 10% of the population hold around 40% of the country's

income, while the poorest 10% hold less than 2%. This inequality is reflected in the urban-rural

divide, with urban areas tend to have higher incomes and better access to services.

Poverty: Poverty remains a significant challenge in Zambia, with around 54% of the population

living below the poverty line (World Bank, 2020). Poverty is more prevalent in rural areas, where

access to basic services and economic opportunities is limited. The poverty rate is highest in the

Eastern and Luapula provinces.

Employment: The formal sector employs around 10% of the labor force, with the majority of

workers engaged in informal activities, such as small-scale farming and petty trading. The

informal sector is characterized by low productivity and limited access to finance and markets.

The government has implemented various policies aimed at promoting economic inclusivity and

reducing poverty:

National Development Plan: The Seventh National Development Plan (2017-2021) aims to

promote economic diversification, job creation, and poverty reduction. The plan identifies key

sectors for development, including agriculture, tourism, and manufacturing.

Citizen Economic Empowerment Commission:The Citizen Economic Empowerment

Commission was established to promote economic empowerment of Zambian citizens,


particularly in the areas of business ownership and employment. The commission provides

training, finance, and other support to Zambian businesses.

Social Protection Programs: The government has implemented social protection programs,

such as the Social Cash Transfer program, aimed at supporting vulnerable households. The

program provides cash transfers to households with children, elderly, or disabled members.

Agricultural Support: The government has implemented programs aimed at supporting

small-scale farmers, including the Farmer Input Support Programme and the Food Reserve

Agency.

Despite these efforts, challenges remain, including:

Limited Economic Diversification: Zambia's economy remains heavily reliant on copper

mining, making it vulnerable to fluctuations in global commodity prices.

Weak Institutional Capacity: Government institutions face capacity constraints, limiting their

ability to implement policies and programs effectively.

Corruption: Corruption remains a significant challenge in Zambia, undermining efforts to

promote economic inclusivity and reduce poverty.

Here's an expanded version of the "Conflict of Interests" section:

5. Conflict of Interests

The conflict of interests within the political government is a significant challenge in Zambia. The

intertwining of political and economic power has led to corruption, nepotism, and cronyism,

undermining the country's development.

Political Patronage: Political patronage is a pervasive feature of Zambian politics, with

government positions and resources often distributed based on loyalty and affiliation rather than

merit. This has created a culture of dependency and loyalty, where individuals prioritize personal

interests over national interests.

Corruption: Corruption is a major challenge in Zambia, with Transparency International ranking

the country 137th out of 180 countries in the 2020 Corruption Perceptions Index. Corruption

occurs at all levels, from petty bribery to grand corruption involving high-ranking officials. The

lack of transparency and accountability has led to the misappropriation of public funds and

resources.

State Capture: State capture, where powerful individuals or groups influence government

decisions for personal gain, is a significant concern in Zambia. This has led to the awarding of

lucrative contracts and concessions to well-connected individuals and companies, often at the

expense of the state and citizens.

The consequences of conflict of interests are far-reaching:


Undermined Accountability: Conflict of interests undermines accountability, as those in power

use their positions to shield themselves and their allies from scrutiny. This has led to a lack of

transparency and accountability in government decision-making.

Inequitable Distribution: Conflict of interests perpetuates inequality, as those with connections

and influence benefit from government resources and opportunities. This has exacerbated

poverty and inequality in Zambia.

Eroded Trust: Conflict of interests erodes trust in government and institutions, undermining

social cohesion and stability. Citizens are increasingly disillusioned with the political system,

leading to apathy and disengagement.

Efforts to address conflict of interests have been made:

Anti-Corruption Commission: The Anti-Corruption Commission (ACC) is mandated to

investigate and prosecute corruption cases. However, the ACC faces challenges, including

limited capacity and resources.

Public Procurement: The government has introduced public procurement reforms aimed at

increasing transparency and accountability in government contracting.

Whistleblower Protection: The government has enacted whistleblower protection laws to

encourage reporting of corruption and other forms of wrongdoing.

6. Insights and Recommendations

This article has examined the complexities of governance in Zambia, highlighting challenges in

laws, taxation policies, economic distribution, and conflict of interests. Key insights include:

- Zambia's governance structure is characterized by a strong executive and weak accountability

mechanisms.

- Taxation policies are often influenced by political considerations, undermining revenue

mobilization.

- Economic distribution is highly unequal, with poverty and inequality persisting.

- Conflict of interests is a significant challenge, perpetuating corruption and undermining trust in

government.

7. Recommendations:

Strengthen Institutions: Strengthen institutions, such as parliament and the judiciary, to

promote accountability and transparency.

Improve Tax Administration: Improve tax administration and enforcement to increase revenue

mobilization.

Promote Economic Inclusivity: Implement policies promoting economic inclusivity, such as

supporting small-scale farmers and entrepreneurs.

Address Conflict of Interests: Strengthen anti-corruption mechanisms and promote

transparency in government decision-making.


Specific actions:

- Establish an independent anti-corruption agency with prosecutorial powers.

- Introduce asset declaration requirements for public officials.

- Increase transparency in government contracting and procurement.

- Support civil society and media to promote accountability.

Implementing these recommendations can help promote good governance, reduce poverty and

inequality, and support sustainable development in Zambia.

7. Conclusion

Effective governance is crucial for Zambia's development, but challenges persist in laws,

taxation, economic distribution, and conflict of interests. Addressing these challenges requires

strengthening institutions, promoting transparency, and accountability.

By implementing recommendations outlined, Zambia can promote good governance, reduce

poverty and inequality, and support sustainable development. This requires commitment from

government, civil society, and citizens to work together towards a more accountable and

inclusive system.

Zambia's future depends on building a governance system serving all citizens, promoting

prosperity and stability.

Reference

Bratton, Michael (1992). “Zambia starts over”? . Journal of Democracy.3.(2): (81-94

Hnfelaar, Marja; Rakner, Lise; de Wakke, Nicolas (2023), “Zambia”, Democracy Backsliding in

Africa?, Oxford University press, pp. 187-211.