Grade 12 Pupils Book Civic Education Final Draft
Grade 12 Pupils Book Civic Education Final Draft
Grade 12 Pupils Book Civic Education Final Draft
GRADE 12
LEARNER’S BOOK
1
NAME OF AUTHORS:
B.MWEENE – PRINCIPAL CURRICULUM SPECIALIST –
CDC
G.D.SIMFUKWE – SENIOR LECTURER CIVIC EDUCATION/
HOD- SOCIAL SCIENCES – NCE
B.HAMWIINGA - CURRICULUM SPECIALIST- CDC
G..MUSHALA - SENIOR LECTURER- CIVIC EDUCATION
HOS – NCE
J.MULENGA - EXECUTIVE DIRECTOR - ZCEA
A.NSAMA - CURRICULUM SPECIALIST - CDC
2
CHAPTER 1
THE ZAMBIA BILL OF RIGHTS
The Constitutional Provisions in the Bill of Rights largely reflect provisions contained
in the International Bill of Rights such as:-
Zambia has had a Bill of Rights since 1964. It’s history is outlined as follows:
3
The Bill of Rights was incorporated for the first time in the Northern Rhodesia
Self-government Constitution of 1963. It was reproduced with minor
amendments in the 1964 Multi-Party Democratic (Independence) Constitution.
Exercise 1
(b) Your country is electing a new democratic government for the first time. You
have been asked to draft a Bill of Rights for the new constitution which
should guarantee democracy.
Make a list of rights which you would want to include in the Bill of Rights to
ensure that your country is democratic.
Activity 1
(a) In groups make a draft of a ‘bill of rights’ which you feel should be promoted
and respected in your schools. Present your work to the whole class. With
guidance from your teacher, a final suggested ‘bill of rights’ should be
completed and stuck on your class notice board
(b)
Elements of the Bill of Rights
The current Bill of Rights forms part III of the Constitution which covers articles 11
to 32. Its preamble in Article 11 is a general declaration of the rights every person in
Zambia is entitled to regardless of race, place of origin, political opinion, colour,
creed belief, religion sex, or marital status. However, the article states that these rights
and freedoms are subject to limitations based on the affordability or availability of
state resources determined by cabinet, and as long as their enjoyment does not
prejudice the rights and freedoms of other citizens. The following are the fundamental
rights and freedoms covered in Zambia’s Bill of Rights:
This right is described as the Supreme Human Right as it forms the basis of
other rights. It protects the life of an unborn child, implying therefore that
termination of pregnancy is prohibited except in cases permitted by law.
4
Furthermore, it places obligation on both the state and the individual to ensure
protection of life.
To a large extent, the right deals with the procedure for arrest and detention
which curtails the freedom of movement of an individual. The liberty of a
person here refers to the bodily movement in the narrowest sense. Persons
should not be arbitrarily and unlawfully deprived of liberty.
Slavery and forced labour prevents the liberty and freedom of the individual as
a person has little say over oneself. The State is under obligation by ICCPR to
prohibit by law any forms of slavery like practices such, as human trafficking,
serfdom, exploitation of children and servile forms of marriage except -:
This article states that the right to freedom from torture, inhuman or degrading
treatment is absolute. In 1984 the United Nations General Assembly adopted
the Convention Against Torture (CAT). Under this convention, state parties
have an obligation to extradite or prosecute torturers.
The article makes a provision for protection of the privacy of home and other
property. It prohibits the search of a person, his/her property or entry of
premises without consent except as established by law.
The article gives provisions to secure protection of the law for any person
charged with a criminal offence. It deals with administration of justice relating
to pre-trial test and detention. This is to ensure:-
5
- independent and impartial court.
- presumption of innocence until proven guilty.
- language interpretation.
- legal representation.
The article guarantees freedom of thought and freedom of religion which may
also imply freedom to change religion or belief; either alone or in a group with
other people, and both in public or private in the form of worship, teaching
and observance.
This article:
- Prohibits the engagement of young persons in any occupation or
employment which would prejudice ones health or education or
interfere with physical, mental or moral development.
6
- ensures protection from physical ill treatment of all forms of neglect,
cruelty and exploitation.
- Prohibits the trafficking of young persons.
The article provides for derogation from fundamental rights and detention in
times of war or public emergence. However, not all articles are derogatable
Derogative provisions are covered in articles 13, 16, 17, 19, 20, 21, 22, 23,
and 24, while Articles 12, 14, 15 and 18 are non-derogatable. The
constitutional provisions for the protection of fundamental rights and freedoms
clearly state that such rights and freedoms are subject to limitations designed
to ensure that the rights and freedoms of others are secured and that public
order and peace is always maintained.
Article 26: Provision Relating to Restriction and Detention
The article largely deals with the provision relating to the rights of restricted
and detained persons. One has the right to be informed in writing in a
language that he/she understands within 14 days of detention. The Information
should be published within this period, indicating the place of detention and
provision under the law that indicates that the detention is authorised. After
three months, a detainee may have the case reviewed by an independent and
impartial tribunal established by law. During this time, one has the right to
consult legal representation and be present during proceedings or send a
representative.
Under this article, members of parliament can arrest (stop) a bill which
infringes on the Bill of Rights. The article further makes a provision for the
appointment of a special tribunal of two judges by the Chief Justice. The role
of the tribunal is to report on a bill or statutory instrument which may not be
consistent with the constitution. Such a tribunal can only be established if not
less than thirty members of the National Assembly make a report on a bill or
statutory instrument. In case of a bill, the request must be delivered to the
Speaker within three days before presentation of the bill in Parliament.
The article makes a provision for the enforcement of the rights provided in the
Bill of Rights. It provides a remedy to the domestic court which is the High
Court, in the case of violation of the provisions of article 11 – 26. If a person
is aggrieved by any determination of the High Court, the article makes a
provision for appeal to the Supreme Court provided his case is not frivolous or
vexatious.
7
Articles 29 – 31:
These articles deal with special powers of the Republican President such as
declaration of war and declaration of the state of public emergence.
Exercise 2
(a) examine each of the following expressions and decade which human right is
likely to be violated. Support your answer.
(i) A political opponent burns the flag of another political party at a public
rally.
(ii) A political leader says at a public rally ‘people of one ethnic group are
inferior and that his/ her people are superior and therefore should have the
right to govern the country.
(iii) A news paper publishers an editorial saying that the government is mis
managing national resources through corruption. Government responds by
banning that news paper.
(iv) A group of women forms a sports club for women only and men strongly
condemn this club.
(b) Most Zambian ethnic still practise certain traditional customs and beliefs
which ultimately affect certain constitutional rights.
(i) what traditional practices do you think affect the right to liberty and
security of individuals in your area?
(ii) What measures would you suggest to ensure behavioural and attitude
change so that the right to liberty and security of persons is guaranteed in
the constitution is enjoyed by everyone both in rural and urban
communities.
Activity 2
A country that was recently ruled by a dictator is drafting a bill of rights to be
included in its new constitution. For many years its citizens were deprived of proper
education, housing and health services. The Maganidzo Party argues that these rights
should not be included in the Bill of rights because government may not be able to
deliver them and fears that this may discredit the constitution. On the other hand, the
Lusumpuko Democratic Party argues that they should be included in the Bill of
Rights since they are ‘Basic rights’.
In pairs, discuss the difference views of the two parties, which position would you
adapt. Write an essay in form of an article to be presented to your local newspaper.
The enjoyment of the rights and freedoms guaranteed in the Bill of Rights is subject
to a number of restrictions and limitations outlined as follows:-
The preamble to the guaranteed rights and freedoms in article 11 does not
include the obligation of the state to ensure that the rights and freedoms are
safeguarded, but simply makes a provision for their enjoyment. The Bill of
8
Rights lacks a clause which should give an obligation to the state to ensure the
enjoyment of the protected rights and freedoms.
The right to life covered in Article 12 is not absolute because the death penalty
has not been abolished in Zambia. Furthermore, the exercise of self-defence
which may lead to the death of another individual is not considered a violation
of the right to life. In addition, the death penalty is imposed for most serious
crimes and on exceptional measures. For example, persons below 18 years and
pregnant mothers are exempted from death penalty regardless of the
seriousness of the crimes committed.
- Freedom of conscience.
- Freedom of expression.
- Equal protection before the Law.
- Freedom of assembly and association.
- Freedom of movement and
- Freedom from discrimination.
These clauses allow the Legislature to enact laws that may result in taking away the
guaranteed rights. This has weakened the provision in the Bill of Rights.
The Judiciary is the main mechanism for the protection of human rights.
However, due to the weak structure of this institution, the protection and
promotion of the fundamental rights and freedoms is not effectively enforced.
For example, under Article 28 of the Constitution, only a person whose rights
have been violated can apply to the High Court for redress. This is what is
referred to as Locus Standi. This means that no other person apart from the
litigant can challenge the constitutionality of law or government action in the
public interest.
However, due to the cumbersome long procedure and other factors like
poverty and ignorance, very few people can take action. This restriction on
Locus standi has had adverse effects on constitutional litigation, hence
rendering the Judiciary a weak institution.
9
Declaration of State of Emergency
Gender Biasness
The Bill of Rights lacks a gender neutral language. It is biased towards males
since it is expressed in masculine terms such as ‘he’, him or “his” in
describing an individual or citizen who is entitled to the guaranteed rights.
However, Zambia is a signatory to the International Convention on the
Elimination of all forms of Discrimination Against Women (CEDAW), which
is focussed on the promotion of gender equality. Therefore, the language used
in the Bill of Rights should be gender neutral.
- Group Rights
The group rights are also inadequately covered in the Bill of Rights. For
example, the right to a clean and healthy environment for the community is
not acknowledged.
10
Lack of Protection Against Torture
The Bill of Rights provides for the due process of law, but apparently, it does
not protect persons against torture or inhuman treatment. According to the
Convention Against Torture (CAT), which Zambia is a party to, all torturers
must under state obligation be either extradited or prosecuted.
Language
Despite the fact that Zambia has ratified all major international human rights
treaties, most of them have not been incorporated in the domestic legal system.
Hence they cannot be enforced in the courts. For example, the Economic,
Social and Cultural Rights are entitlements associated with the Welfare State.
However, even though they are enshrined in the Bill of Rights they are not
constitutional, which means they cannot be enforceable because they are not
justiciable. Therefore, no citizen can go to a court of law to sue the
government on the grounds that they have been denied a right to health or
education.
Exercise 2
(a) Article 25 provides for derogations from fundamental rights and detention in
times of war or public emergency. However, not all rights are derogatable.
Prepare a table with two columns under headings. Derogable provisions and
Non-derogable provisions.
11
(b) Read the newspaper article below and answer the question that follow:
Death penalty is biblical
“ Reform Party President has charged that politicians who use insults to
discredit others have no vision for the people and shall perish.
And Dr. Nevers Mumba has supported the retention of the death penalty in
the Republican Constitution Review Commission final report.
……… he supported the retention of the death penalty in the constitution as
it was biblically enshrined.
He said death penalty had always been there even in the biblical times as
punishment for those that took other peoples lives.
What is your view about Dr. Mumba’s opinion on the retention of the death
penalty in the Republican Constitution?
Write a short report to support your view
(i) Carefully study the articles outlined in the Bill of Rights. Which rights do
you think are likely to be violated as a result of the scenario given above.
(ii) Analyse the limitations and weaknesses of the articles covered in the
Zambian Bill of Rights.
12
The Judicial Review under Order 53 of the Rules of the Supreme Court is
another popularly used mechanism. This mechanism is applicable when the
Judiciary checks on whether the Legislature and the Executive are exercising
their powers within the constitution. Under this mechanism, there are
applications for Habeas Corpus or Writ of Certiorari.
The latest mechanism introduced in article 125 of the constitution is the use of
the Permanent Human Rights Commission (PHRC) which acts as a watchdog
to the courts in enforcing human rights. Under the Human Rights Act No. 39
of 1996, the Commission has a mandate to monitor violations of human rights
through investigation and public hearing. It also recommends and facilitates
mediation and conciliation in enforcing human rights.
The media, civil society, parliament, the Law Association of Zambia (LAZ)
and trade unions are also involved in monitoring human rights violations.
They supplement the work of the Judiciary.
Activity 4
COUNTRY
EQUALITY
13
List down the words that can be associated with the concept “Equality.” Fill them on
the spokes of your equality wheel. For example, you may indicate employment
opportunities.
(b) It is argued that only the courts of law can interpret the constitution and that
the fundamental rights spelt out in the constitution can only be enforced by
the Judiciary. Therefore, the courts should have unlimited authority to
enquire into the activities of both the Legislature and the Executive Wings of
Government.
Critically analyse the above statement. Write an essay giving your own opinion.
The Judiciary
The Judicial system in Zambia consists of the Supreme Court, the High Court, the
Industrial Relations Court, subordinate courts, local courts and any other courts as
may be prescribed by an Act of Parliament. These courts play a vital role in
promoting human rights. When carrying out their judicial functions, the judges of the
courts are independent, impartial and subject only to the constitution and the law.
Anti-Corruption Commission
The Zambia Police is a government institution that is charged with the responsibility
of maintaining law and order in the country. It also works closely with the courts in
administering social order and justice. Through the Victim Support Unit, the Police
provides service to the community by promoting and protecting the rights of the
victims of abuse or torture. Law breakers are apprehended, arrested and prosecuted
accordingly.
14
CARITAS
CARITAS is a Faith Based Organisation (FBO) inspired by gospel values and the
social teaching of the Catholic Church. It promotes integral human development,
economic justice, human dignity and empowerment of the less privileged in society.
This is mainly done through conscietisation, advocacy, research and training and
capacity building.
The project was established under the support of Finland. Its main objective is to fight
against various forms of injustices which have affected the plight of the widows and
orphans. In collaboration with other Non Governmental Organisations, the project has
managed to:
The National Legal Aid Clinic for women provides affordable legal aid to the
vulnerable members of society especially women and children. This is done through
litigation, arbitration and intervention in cases which have impacted negatively on the
less privileged in society.
15
The Society for Women and Aids in Zambia was formed to address issues of women
and children’s rights. It is aimed at reaching out to the community to ensure grass-root
participation in sensitisation, educating and creating awareness among women and
children regarding the HIV/AIDS pandemic and related problems. In order to achieve
its objective, the organisation has widely embarked on education, training and
counselling programmes.
In addition, YWCA runs Drop in Centres, Children in Crisis Centre and Human rights
Centres. It also provides advocacy and public education on matters of human rights
and reproductive health.
The vision of Amnesty International is to ensure that every person enjoys all of the
human rights enshrined in the Universal Declaration of Human Rights and other
international human rights conventions. In pursuing this vision, Amnesty International
undertakes research and action focussed on preventing physical and mental abuses of
human rights. In addition, the movement endeavours to promote integrity, freedom of
conscience and expression and freedom from discrimination. Amnesty International
does not seek or accept any funds from governments to carry out its work on
campaigning against human rights violations.
Activity 5
16
(a) In groups conduct resea4rch on any institution or non-governmental
organisation that promote human rights in your area.
(b) Do you think that human rights are adequately protected and promoted in
Zambia? Give reasons for your answer.
(c) Apart from those that are indicated in this chapter, list down any other
institution and organisations that promote human rights in Zambia.
(d) Compile a report to be presented in class.
The African Charter has an established system for the protection and promotion of
human rights. This system is designed to function within the institutional framework
of the OAU which is now called the African Union (AU). The provisions of the
charter are a reflection of the United Nation (UN) human rights instruments and are
based on African traditions.
Unlike the European and American Convention on Human Rights, the provisions in
the African Charter safeguards the rights of individuals as well as peoples’ or groups
such as, the minorities, refugees, handicapped, orphans and those infected and
affected by the HIV AIDS pandemic.
Rights
Individual Rights: These are enshrined within the International Convention on Civil
and Political Rights (ICCPR) and the International Convention on Economic, Social
and Cultural Rights. (ICESCR).
17
Protection of non-nationals
Right to property
Right to work
Right to good health
People’s Rights
These are rights which are enjoyed as a group. They are also called Group Rights or
Third Generation Rights. They include rights to:-
Self determination
Economic, Social and Cultural Development
National and International Peace and Security
Environment
Sovereignty over the environment and it’s resources
Duties
These include duties of individuals or groups towards family, society, state or other
legally recognised communities and the International Community.
State Obligations
The African Commission on Human and Peoples Rights was established under Article
30 of the Charter. The Commission is composed of 11 members elected by the AU
Assembly of Heads of States and Governments from a list of names presented by the
State Parties. These members must have a sound legal background and must possess
characteristics of high morality and integrity. They serve the commission in their
personal capacity.
18
Functions of the commission
In order to promote human and peoples rights, the Commission’s functions are to:-
Ensure the protection of human and people’s rights under the conditions laid
down by the present charter.
Collect documents, undertake studies and research on human rights violations
in Africa.
Disseminate information through seminars, symposia and conferences and to
make recommendations to governments.
Formulate and lay down principles and rules aimed at solving legal problems
relating to human and people’s rights and fundamental freedoms which are the
basis of African Government’s Legislature.
Network with other African and International institutions concerned with the
promotion and protection of human and peoples’ rights.
Interpret all the provisions of the present charter at the request of a state party,
an African Union (AU) institution or any African Organisation recognised by
African Union.
Perform any other tasks entrusted to the Commission by the Assembly of
Heads of State and Government.
Principles
The Commission is made up of the Director, Deputy and five Commissioners who are
appointed by the President, subject to ratification by Parliament. The tenure of office
19
of these positions is three years though renewable. A position can be lost through
resignation or dismissal.
Powers
Activity 6
(a) Study the selected articles of the Universal Declaration of Human Rights
(UDHR) and the African Charter on Human and peoples Rights on pages 21
- 22 and answer the question below:
A distinctive feature of the African Charter is that it recognises not only the
rights of the individual person but also of groups of people.
Which articles in UDHR support this statement?
(b) Look at the list of individual rights that are outlined in the African Charter
on the Human and People’s Rights on page 16. Identify the practical
problems that are associated with each one of them.
(c) Complete the table below by filling in the missing information.
20
African Commission on
Question Human and Peoples Rights Human Rights Commission
& (ACHPR) (PHRC)
How was the commission By an act of Parliament No.
established? 39 of 1996.
When did it come into
force?
Composition Eleven (11) members from
representatives chosen from
member states.
State the means of
occupying office
Tenure of Office 3 years but renewable
How can one lose his/her
position?
State the aim of the
Commission
21
(d) (i) What do you think could be the reasons that have led to the scenario
described in the passage above?
(ii) Imagine that you were the chairperson of the Human Rights Commission
(HRC) in Zambia.
Suggest measures you would recommend to government to improve the
conditions at Mukobeko Maximum Prison.
Activity 6
(e) In pairs, identify groups of people who might need special protection or
whose rights have not been safeguarded in your area.
Draw up a charter of rights that you feel they should enjoy.
Present your charter to the class.
(a) Design a set of posters on basic rights and responsibilities. Stick them in key
positions in your school.
(b) Collect documented data on human rights violations from magazines and
newspapers. Develop a wall collage on collected data.
(c) Carry out a survey on the forms of violations of human rights in your
community. Identify a particular group that has suffered discrimination due to
their vulnerable status.
Write a report to present to your class.
22
SELECTED ARTICLES FROM UNIVERSAL DECLARATION OF HUMAN
RIGHTS (UDHR) AND AFRICAN CHARTER ON HUMAN AND
PEOPLES’RIGHTS’ (ACHPR)
Article 15:
23
Each person has the right to work under good
conditions and to equal pay for equal work.
Article 17:
Each person has the right to education and
cultural life. The State has the duty to protect
and promote morals and traditional values
recognised by the community.
CHAPTER 2
FAMILY LAW
By the end of this chapter you should be able to:
Define family and marriage
describe types of marriages in Zambia
outline the elements of family law
Assess the effects of divorce, death and separation on types of marriages
A family
An extended family that consists of not only a man, his wife or wives and
their children but also grandparents, uncles, aunties, nieces, nephews, cousins,
in-laws and grandchildren.
A single headed family that consists of a single parent and children. For
example, a man and his children or a woman and her children. The single
headed family can be as a result of a divorce or being widowed or it can be
out of choice when a man or woman decides not to marry at all but to have
children whom they desire to bring up on their own.
Child headed family is a new type of family that has emerged in Zambia
mainly as a result of the HIV/AIDS pandemic that has claimed the lives of
many adults leaving children to bring themselves up.
From the above different types of definitions of family one can see that the word
family may mean different things to different people. A family could comprise of all
persons related by blood or related through marriage. A family is the smallest unit in a
society.
24
What is a marriage?
A marriage is a legal union of a man and woman as husband and wife. A marriage
therefore, is a contract that creates social status of husband and wife. This contract is
based on:
Rights which are entitlements a wife or husband enjoys in the union. For
example, in a traditional African setting, a wife has a right to be provided for
by a husband and a husband has a right to be cooked for and washed for by a
wife. However, couples are free to set their own rights.
Obligations which are duties that a wife or husband performs in the union.
For example, each of the spouses has a duty to take care of and protect the
other spouse.
Capacities which are abilities or capabilities that each spouse brings to the
union. For example, a spouse can bring to the union the ability to provide
material requirements of the other or in case of the wife the ability to
conceive and bear children for the union.
Incapacities which are inabilities or incapabilities that each spouse brings to
the union. For example, a wife who is not educated and not skilled in
anything may bring to the union the inability to neither earn a living nor
provide material things to the union.
Marriage therefore, is a legal status from which the rights and obligations, capacities
or incapacities emanate. These rights and obligations do not only affect the husband
and the wife in a marriage but society as well.
However, the rights and obligations in the contract of marriage do not depend on the
couple alone but on the law under which the marriage was contracted. It depends
whether the marriage is a customary marriage, statutory marriage, or religious
marriage. The type of marriage outlines the rights and duties and obligations of the
husband or the wife. Initially the contract is between the two individuals who want to
get married but once they get married then the relationship is based on law and can
only be dissolved by following the procedures outlined in divorce law of the type of
marriage entered into. In the event of death of either the husband or wife, again the
type of marriage entered into will dictate how the surviving spouse inherits the
property of the deceased, meaning the person who has died.
25
i. Inheritance of property
j. Victim Support Unit of the Police
Activity 1
Looking at the elements of family law listed above, give reasons why you think each
of them is classified under family law.
1. I think that the elements listed above are part of family law because:
a. Marriage ….……………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
b. Divorce
……………………………………………………………………..……
…………………………………………………………………………
…………………………………………………………………………
c. Property Settlement
………………………………………………………..…………………
………………………………………………………………………….
…………………………………………………………………………
d. Maintenance of spouse and children within and after marriage
…………...……………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
e. Custody of children after dissolution of marriage
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
f. Adoption of children
……………………………………………………….…………………
…………………………………………………………………………
…………………………………………………………………………
g. Legitimacy of children
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…
h. Succession
………………………………………………………………….………
…………………………………………………………………………
…………………………………………………………………………I
nheritance of property
……………………………………………………..……………………
…………………………………………………………………………
…………………………………………………………………………
i. Victim Support Unit of the Police
…………………………………………………………………………
………………………………………………………………………
j.
26
We will now look at each of these elements of family law in detail.
Marriage
In Zambia, there are only two types of marriages that are recognised by law statutory
and customary marriage.
Statutory Marriage: This is also referred to as a Civil Marriage. It is
defined as a voluntary union of one wife and one husband for life and
excluding all others. It is a monogamous marriage meaning having one wife
or one husband at a time. In a statutory marriage it is not possible to convert
to a polygamous marriage where a husband can have more than one wife.
Before independence, the Marriage Act under which a civil marriage is
contracted was not accorded to Africans because the colonialists believed
that all Africans were polygamous.
- Age – Under the Marriage Act the parties intending to marry should be
21 years of age. If any of the parties is below 21 years but more than
16 years, he or she needs a letter of consent which is a written
permission and blessing of the parents or guardians. This letter of
consent will be filed together with a sworn affidavit at the High Court.
In Zambia only the High Court deals with statutory marriages. An
27
affidavit is a written declaration or statement that a person makes
under oath which will be used as a legal proof or evidence.
28
marriage because one may be compelled to marry a person chosen by one’s
relatives. A customary marriage may also not be a union of one man one
woman because in most ethnic groups of Zambia such as Senga of Chama, the
Ngoni, the Luchazi, the Luvale, the Lunda of Mwinilunga, the Namwanga, the
Tumbuka, the Totela and the Tonga a man may take other wives. A customary
marriage is also not necessarily for life as a wife can be sent back to her
parents to be ‘taught’ or in some ethnic group can be returned with the
marriage payment refunded to indicate a divorce.
- Consent – This is when the parents or the guardians of the woman getting
married give permission for her to marry and also when the persons getting
married agree to marry.
- Spouses- The parties to the marriage should be male and female. The
female should be single, divorced or widowed but the male may already
have one or more wives. Both parties must have reached puberty. The man
has to have the ability to provide for his family. In Zambia the Constitution
stipulates that a girl below 16 whether she has reached puberty or not is
not eligible for marriage.
Having discussed the two types of marriages recognised under Zambian Law,
it is important to consider other types of unions that are generally referred to
as ‘marriages’ even though they are not recognised under the law:
Religious Marriage: Most people in Zambia marry in church and call such
marriages a religious marriage. However, under the law, a marriage
solemnised in church should be followed up by a registration at either the
29
Civic Centre or Council Offices under the Marriage Act or at a local court
under the Local Court Act. Some churches and clergy men have been given
licence under the Marriage Act to perform Civil Marriages. However, couples
intending to get married in church should find out before the ceremony
what type of licence the person performing the ceremony has.
If the couple want their marriage that has taken place in church to be
recognised under the law they should make sure they are married by a
Marriage Act licensed priest or pastor or they should still register either with
the High Court if they want a Civil Marriage or with the Local Court if they
want a Customary Marriage. In case of Civil Marriage, the couple may even
have another ceremony at the Council Offices. Apart from the pastor or priest
being a licensed clergy, another qualification for the legal recognition of a
marriage performed in church under the law is to conduct the ceremony
between 06:00hrs and 18:00 hrs with the doors of the church building open.
The copy of the marriage certificate should be sent to the Registrar of
Marriages of the district to be recorded in the Marriages Register.
Remember that if any of the conditions outlined above are not fulfilled then
the marriage will not be recognised under the law even if performed in church.
A void marriage is one without a legal standing right from the beginning. It is
null and void. Any party to a void marriage may not be guilty of bigamy if he
or she marries before ‘divorcing’ the so called 1st wife or husband because the
marriage was false right from the start. Bigamy is a crime of marrying another
person while still legally married to someone else. It never was a marriage. A
30
void marriage does not require nullification which means cancelling because it
never was. Reasons for a void marriage are therefore:
A Voidable Marriage on the other hand is one that is initially valid which
means real until it is invalided by the court of law. A marriage may be
invalided in a court of law for the following reasons:
Not being able to conceive or to father a child is not a reason under the law to nullify
the marriage. However, if one of the parties dies before the marriage is nullified then
the marriage is valid under the law for all intents and purposes.
Activity 3
Reflect on what you have read so far. Read each of the statements below
and circle T if it is a true statement or circle F if it is false.
31
writing ‘forbidden’ in the Notice Book at the council T F
h. Marriage banns are announced in churches after
the wedding T F
i. Prohibited degrees are persons related to one by
blood or marriage and whom one is forbidden to
marry by law T F
j. A marriage where the couple is unhappy right
from the beginning is a voidable marriage T F
(a) Turn all the sentences you circled F into correct statements
Type of
Marriage Customary Marriage Statutory Marriage
Definition
Process of
getting married
List Prohibited
Degrees
Causes for
divorce
How a religious
marriage can be
recognised
Reasons for a
void marriage
Reasons for
invalidating a
union
4. Vocabulary
Use the clues given and complete the cross word puzzle
Across
2. A document the High Court gives to a couple whose dissolution of a
union in marriage is final ……………………………
3. Null …………………………..
8. Proof of authorisation in a marital union……………………………..
10. The act of living together without parental consent…………………
Down
1. The performing of a religious ceremony following laid down
procedure ………………………………………………………….
4. Act of abandoning a spouse …………………………….
5. When a marriage union splits for good ………………….
32
6. One of the causes for divorce in both a customary and civil marriage
……………………………………………………………………
7. A marital union that could be made invalid by a court of law for
various reasons…………………………………………………..
9. One of the causes for divorce in a customary marriage but not in a civil
marriage…………………………………………………………
9
1 1
S
2 D e A e
5
D
8 M e c e
y
4 7
3 V D 6 V
n 10 C A n
e
n y
Divorce
Under the law a marriage can not be considered for divorce or dissolution until the
court handling the case is satisfies itself that a marriage had actually existed.
33
- Lack of maintenance by the man
- Desertion
A customary law divorce can be done by the families meeting together and
making the decision or either party can sue for divorce in the local court. No
other documents are filed in court except for the complainant’s form and the
summons to appear before the court. Plans and agreement about how the
children are going to be looked after is based on the ethnic norms. The local
courts which administer customary marriage divorces rarely address the
issue of children adequately. When they do they impose impractical and
inadequate amounts to the maintenance of children. Among patrilineal
ethnic groups it is expected that children who are above 7 years old and
school going will live with their father.
The Marriage Causes Act states that there is only one ground for divorce,
which is that the marriage has broken down irretrievably. This means that
the marriage can not be saved or redeemed. This situation can arise out of
the following reasons:
- Adultery which should be proved with the third person known and
named
- One or both of the married persons conduct themselves in
unreasonable behaviour, cruelty or violence that makes it impossible
for the other partner to live safely
- If either of the married persons deserts the other. According to the
Matrimonial Causes Act of 1973, if one partner deserts another for a
period of two years, then there is sufficient ground for divorce.
Desertion is when one partner abandons or runs away from the other.
Desertion of more than 7 years of not being seen or heard there is a
presumption or inference of death and the court will grant a divorce
- Separation with consent of the couple for two years
- Living apart for a continuous period of five years
A petition or application for a divorce is filed in the High Court but only after one
year of marriage. Before one year of marriage it would not be a divorce but an
annulment. When presenting a petition, plans to how the divorced couple intends to
look after the children should also be included. The lawyers handling the case should
verify whether they tried to reconcile the couple during their period of separation. If
the court is satisfied that the marriage is broken down irretrievably it will make a
temporary order called a decree nisi which is a temporary divorce certificate and after
six weeks a decree absolute, a permanent divorce certificate, will be granted provided
the court is satisfied with the arrangements made for the children.
Activity 4
Read the case studies below and answer the questions that follow. Remember that
though the stories are real, the names have been changed to protect the identity of the
persons.
34
Case (a) Case (b)
A Lusaka man has ordered his wife who has refused to A woman in Mongu has complained that her husband, forced her
reconcile with him to take back the bag of mealie meal she to stop work and join him in Mongu, but later abandoned her for
got from the matrimonial house when she left to go to her another woman.
parent’s house.
Monde Imasiku said that she married Mwiya Mwiya, an
Mike Saka complained that his mother in law went to get his immigration officer at Sesheke in November 1993 and had one
wife from the matrimonial home after she went to attend a child with him.
funeral in Kalikiliki. He said his wife with whom he has 2
children also got mealie meal before going to her parent’s However, the two were forced to separate in 1995 by Imasiku’s
house in John Howard. father because Mwiya reportedly did not finish paying the
marriage payment.
Saka demanded that his wife Jane Zulu who has opted for a
divorce take back the mealie meal, as the commodity was On October 15 2004, Mwiya was reportedly allowed to take his
now expensive. wife and child, despite failing to settle the entire marriage
payment, and he allegedly instructed her to quit her job so she
But Jane said she got the mealie meal because of the children could accompany him to Mongu.
who needed to eat but she would buy Saka another bag
because he tarnished the image of her family by telling Upon reaching the bus station however, Imasiku said, the husband
almost every one in the neighbourhood that she stole mealie gave her K60,000 and asked her to get on the RPS coach to
meal. Mongu while he reportedly jumped on a different bus.
Jane said she went to her parent’s house not because her Imasiku reportedly found her brother - in - law waiting at the bus
mother went to get her but because she was tired of the station in Mongu, and she was taken, by taxi to the Tree Lodge
beatings from her husband. She said she had enough of them where her husband allegedly stayed with another lady he was
more especially that at one time he extracted her tooth. planning to marry as a second wife.
Jane said she wanted their marriage dissolved because she Imasiku was reportedly then taken to her brother in law’s house
was not enjoying it any more. where she started living whilst Mwiya stayed with the other
woman at the Tree Lodge together with the child.
i. What type of marriage do you think Mike and Jane
contracted? Some days later, Mwiya reportedly summoned Imasiku and asked
ii. Why do you think that? her to return to Lusaka saying that he was no longer interested in
iii. Is Mike right in claiming the mealie meal bag back? her because all he wanted was only the child.
iv. Is Jane right in wanting to buy Mike the bag of mealie
meal bag back? i. What marriage did Mwiya and Imasiku enter into?
v. Which court would you advise Jane or Mike to go to? ii. Under this marriage does Monde’s father have the right to
vi. When the two finally divorce what responsibility has remove her from her husband for non payment of
Mike got towards his children? marriage payment?
vii. Apart from the courts where else can Jane go for iii. Is abandonment a cause for divorce in this type of
help? marriage?
iv. What court could Monde go to for redress?
v. What could she claim in court?
vi. Could Monde sue Mwiya for living with the other
woman? If so, why? If not why not?
Case (c) Case (d)
Dear Advisor,
A Lusaka’s Mtendere woman complained to Legal Resources
Foundation that relatives of the late man she was living with I got married to my now former wife in 1993 by way of
grabbed all property. The woman said that relatives of the elopement. My in laws immediately charged me for that and I paid
man she had lived with for over four years did not recognise K40, 000. In 1995, we had our first – born child who died the
her as a wife and refused to give her any share of the late following year. We however, had another one in 1997. In 1999 my
man’s property after he died. She said in May 2001 she was wife went to attend a funeral at her parents’ home and that was the
employed by the man as his maid who later proposed love to beginning of our separation. One day when I went to see our child,
her, which she accepted and they eventually started living as my wife ended up assaulting me and I reported the matter to
husband and wife. The woman claimed that after they started Kabanana Police Station. It ended up in court but since I still loved
living together she advised the man to approach her parents my wife I agreed with the local courts ’s advice that I forgive her
to legalise the marriage but this did not happen. and reconcile. I accepted but to my surprise my wife refused to
come back to our matrimonial home.
Later the man fell ill and when his illness worsened, the
man’s mother chased her from the house. After the funeral, Shortly after, my mother in law went to my parents’ house and
the woman said the administrator shared the property without returned the damage fee saying that was the end of the marriage. I
giving her any share saying after all she was just the maid. refused this and demanded for the presence of my wife so that we
could talk on our own. My wife opted for a divorce. Later, my
i. What ‘marriage’ is described in this case study? mother in law sued me for causing the pregnancy of my former
35
ii. Which court can the woman go to seek redress? wife. When we went to the local court, I was ordered to
iii. What should she have ensured the man did when he compensate my mother in law K400, 000. When I sought to
was still alive? inquire how possible it was for me to be fined for impregnating
iv. What advice would you give to women living in a someone who was my legal wife, I was threatened with contempt
similar situation? of court.
v. If they had had children would the woman and her
children have had legal rights? I decided to appeal to the subordinate court but I was told by the
presiding justice that should the subordinate court find me guilty
he will take it upon himself to have me pay the money to my in
laws instantly or I will be arrested.
After a divorce in a Customary Marriage the woman usually gets some form of
compensation to allow her to start life afresh. However, these days it is recognised
that either party may be more financially secure than the other. Therefore, who ever
has more money will pay compensation to the other. In a Civil Marriage after a
divorce, the property is shared by the deputy registrar’s court. In a situation where one
person worked and brought in all the earnings the person who stayed at home and
looked after the home and family gets a third of the total wealth of the couple. In a
situation where the spouses both worked and earned a living, they will share their
property on a fifty – fifty basis. Sometimes in a Statutory Marriage a couple may
choose to marry in community of property which means that everything they own and
their debts, from before their marriage is put together in a joint estate. Everything
they earn or buy after their marriage is also part of this joint estate. There is joint
administration of the things the couple own.
Within marriage under statutory laws, a spouse has a duty to maintain his or her
partner. After divorce a spouse still has the responsibility of maintaining his or her
spouse until he or she remarries or becomes financially independent. Maintenance
may be paid periodically as agreed upon by the parties or it may be paid as a lump
sum. The amount depends on the income earned and the financial status of the parties
involved.
Under Customary Law failure to maintain a spouse especially on the part of the
husband is often viewed as grounds for divorce. After divorce, a spouse is duty bound
to maintain his or her partner for a maximum of three years or until he or she
remarries whichever happens earlier. The maintenance is provided for under the Local
Courts Act of 1991. The court can award any amount for either periodic or lump sum
maintenance as they see fit. If either party is not satisfied with the amount awarded
they can appeal in the Subordinate (Magistrate) Court. The court can convict a person
for failing to honour maintenance either through a fine or imprisonment. The person
36
charged should show proof that he or she took all the necessary steps to honour their
obligation. The maintenance of children is provided for in the Affiliation and
Maintenance Provisions Act, Cap 64 of the revised laws of Zambia. The Affiliation
Act permits children born out of wedlock to be affiliated to their male parent and
thereby claim maintenance.
The application for affiliation and maintenance is made by the mother of the child or
children within 12 months of the birth or at any time if the father had provided for the
child after its birth then for some reason stopped. The application should contain
proof that the person being asked to provide maintenance is the natural father of the
child either through a blood test or a birth certificate. If the courts are satisfied that the
respondent who is the person being asked to respond to the charge is the father, it
will award maintenance to the child as it sees fit and according to the father’s paying
ability.
Any one wishing to claim maintenance can approach the Clerk at the nearest local
court or lawyer. Either of these persons will help with initiating the legal proceedings
and summon the person who is supposed to provide maintenance to court.
Activity 5
The following case studies are drawn from the Zambia Law Reports which is a public
legal document that is referred to by legal practitioners as Case Law in Zambia.
Therefore the names of the persons involved have been maintained.
37
during the marriage her husband had acquired lots of the fact that he was satisfied on the record of this
personal and real property. appeal that Mr. Mwiya shared his property with his
wife when they divorced. Lozi assessors were
She again appealed to the Supreme Court that the High unanimous that there is no Lozi custom that would
Court Commissioner had misdirected himself in compel a man to support his divorced wife for life. As
awarding a lump sum for both maintenance and to the question of the court compelling a man to take
property adjustment. She asked the court to give her back his wife, the Judge ruled that a marriage is an
one of the viable income generating property and a agreement and therefore the two parties have to be both
lump sum to be assessed by the Deputy Registrar which willing and the assessors were also unanimous that
should be enough to meet all educational expenses of there is no such a Lozi custom and he found no basis to
the five children of the family. hold a contrary view. Therefore, the appeal was
dismissed on the ground that there is no Lozi custom
which supports the appellant’s claims.
2. Read the case studies below and answer the questions that follow. Remember that
though the stories are real, the names have been changed to protect the identity of
the persons.
38
Dailesi Zimba divorced Chitalu Chisala in July 1998 James Phiri of Matero told Legal Resources Foundation
and the magistrate shared their matrimonial property. of the same compound that he would take the ex wife to
court after having a DNA test done on the child if it was
Chisala died in March 1999 and widow Bridget Chisala found he was not the father as she claimed at
refused to let Zimba collect her property. Woodlands Police Victim Support Unit.
The matter, which was in the Kabwe High Court, was The fight started when Phiri wanted to get the 5 year-
sent back to the Subordinate Court where another old- child but the mother of the child refused saying the
Magistrate reaffirmed the first magistrate decision. girl was still young and that a stepmother could not
keep her.
When delivering judgement the magistrate agreed with
Dailesi’s submissions and ordered Bridget to surrender Phiri summoned the mother to Woodlands Police
the property to Zimba. Victim Support Unit to resolve the matter but the
mother told him that in fact he was not the father of the
The property includes a house, a deep freezer, a four child. She said she told the husband that because he had
plate electric stove, video cassette recorder, and a neglected the child.
minibus.
Since then, Phiri has maintained that he would look for
Bridget Chisala through her lawyers appealed to the money to take the child for DNA test to ascertain if he
High Court against the judgement. was the biological father of the child. Phiri said if the
DNA test showed he was not, he would sue the mother
The Kabwe High court also threw out the application. of the child for all the money he has spent on the child
and for defamation. But the mother of the child said she
1. What marriage did Chitalu Chisala and would also sue Phiri for child maintenance if the DNA
Dailesi Zimba enter into? test proved he was the father.
2. Outline the sharing of property under
this marriage? 1. What is DNA?
3. What advice would you give Bridget if 2. According to the law is a five years old
you were her lawyer? child old enough to live with the father
4. Which court can Bridget appeal to if she in the event of a divorce?
is still not satisfied with the High Courts 3. Under which Act can Phiri still be made
ruling? to pay maintenance for the child even if
5. Do you think she stands a chance of the child is not his biological father?
winning in the higher court? Why? 4. What sort of marriage did Phiri and the
mother of the child enter into?
The law states that children must always have an adult to look after them. A child is a
person who is 18 years and below. The court always takes considerable care in
deciding custody of the children. The court always puts the best interest of the
children first not just the interests or the wishes of the parents. If possible, the court
will assign a welfare officer who may advise on the custody of the children. When
awarding custody the ages and needs of the children are taken into consideration.
Usually the court gives custody to the mother, especially if the children are very
young. In the case of a mother who is not able to provide for the children being given
custody of young children, maintenance will still be provided by the father.
Adoption of children
Under the Adoption of Children Act, chapter 136 of the 1948 Edition of the laws of
Zambia, the courts have been given power to grant an order to adults requesting to
adopt a child. The Act has listed the category of persons eligible to adopt children as:-
39
A couple jointly wanting to adopt an infant. An infant is a child less than 7
years old.
A mother or a father of the child, either alone or jointly with his or her
present spouse. This means that if a person has a child or children then
remarries and the new partner wants to formally adopt the children from
the former marriage, he or she or together can apply to adopt the children.
A person who has reached the age of 21 years old and is a relative of the
infant
The mother or father of the infant
In case of a couple, both or one of them should have attained the age of
25years old and is at least 21 years older than the infant.
Both the infant or child and the person applying for adoption should live in
Zambia.
The infant has been looked after by the applicant continuously for at least
three months before the date of the application
The person intending to adopt notifies the Commissioner of the intention
to adopt three months before the application
Applications for adoption are made to the courts of law and when granted, just like in
the registration of births, the adoption should be registered with the Registrar-General
who records the details of the adoption in the Adopted Children’s Register.
When an adoption has been made the original parent or parents or guardian or
guardians lose all rights and obligations to the child or infant.
There are organisations in Zambia that exist for the purpose of making arrangements
for the adoption of infants and children, and which are registered as Adoption
Societies. An Adoption Society will not be registered if it appears:
40
That the activities of the Society are not controlled by a committee of
members of the Society who are responsible to the members of the Society
That any person working for such a Society is found to be not fit and proper
to work for such an organisation
That the number of competent persons employed by the society is not
sufficient to cope with the work that the Society has to do
That any person taking part in the management or control of the Society or
any member of the Society has been convicted of violating parts of the
Adoption Act and of exposing girls under the age of 16years to seduction or
prostitution or being defiled or is living a life of prostitution.
Legitimacy of children
The Legitimacy Act of 1927, Cap 52 of the Laws of Zambia provides that a child
born out of wedlock could become legitimate. However, this Act has been
overtaken by the United Nations Convention on the Rights of the Child of 1989,
which seeks to eliminate discrimination against children because of their status or
other circumstances. New laws have now attempted to equalise the position of
children born outside of marriage to those born in wedlock. For example, the
definition of a child under the Intestate Succession Act and the definition of a
child under the Affiliation and Maintenance Provisions Act which have already
been discussed, defines a child as one born in or out of wedlock.
Succession
Inheritance of property
Testate Succession
This deals with the inheritance of property of a dead person who left a Will. A
Will is a declaration normally in writing stating how a person wants his or her
property distributed in the event of his or her death.
41
A Sample Will
I Kufa Kumanda of Plot number 5 Mango Compound, Lusaka declare this statement to be my
last Will and Testament. I cancel all other Wills and Testaments made before this one.
I hereby appoint my church elders Simasiku Simasiku and Mrs Bwalya Hambote as executer and
trustees of my will.
In the presence of the witnesses listed below I write and seal this Will this 11th day of January
two thousand and two at my church, The Spiritual Church of Mango Compound, Lusaka in the
presence of:
Witness: Simasiku Simasiku S. Simasiku
Witness: Bwalya Hambote B. Hambote
Name and address: Plot 10, Mango Compound, Lusaka
Name and Address: Plot 120 Mango Compound, Lusaka
In the event of Mr. Kumanda dying his property will be distributed according to his
wishes. If however, Mr Kumanda has deliberately left out of his will a person whom
he is keeping and this person is solely dependant on him, then the dependant who has
been disinherited can apply to the court declaring the Will unreasonable. If the court
agrees with the dependant that the testator, the person who made the Will in case of a
male and the testatrix in case of a female, did not make reasonable provision for the
maintenance and that hardship will be caused, then the court can make reasonable
provision for the maintenance of that dependant. The term dependant in this case is a
wife, husband, parents and children whether born in or out of wedlock and whether
biological or adopted. Under the law these are the only people considered to be
dependants and the only ones who are entitled to challenge the Will. Challenging a
Will should be done in the first six months of the death of the testator or the testatrix.
An oral Will can be valid if it is made in the presence of two witnesses who are not
beneficiaries to the estate and is made by either an injured person who is expected not
to survive the injuries or by a person in the armed forces who is about to die in
combat.
Intestate Succession
This is when someone dies without a Will or someone who has left a Will but
that Will is nullified by the courts of law because maybe it is not signed or not
done in the presence of two witnesses or other factors considered not valid by
the courts. If a person has left a Will but has not apportioned all he or she
owns the part of the estate not apportioned will be distributed under the
Intestate Act of 1989 Cap 59 of the laws of Zambia. Before 1989 property of a
42
dead person was distributed according to Custom. The Intestate Succession
Act applies to all Zambians who at the time of death were living in Zambia
and only to those Zambians to which Customary Law would have applied
before 1989. This means that Zambians of Asian or European origin are not
affected by the Act. The Act does not apply to land which is held under
Customary Land Act, institutional property of a chieftainship held under
Customary Law or family property belonging to more than the nuclear family
of the deceased.
43
to the parents. If there are no parents the 10% will be shared equally
between the surviving spouse and children.
Activity 6
Situation (a)
Malita and Yembekezani were married under Customary Law. Yembekezani died
intestate. He had two houses in Matero, a bus and three taxis. He also had a life
insurance in the sum of K30 million. Before Malita and Yembekezani married in
1992, he had two children with Rose in 1989 and 1990. Yembekezani’s uncle who had
been appointed administrator agreed with Rose that the two older children should
inherit one house and the other house be sold and the money shared by Rose, Malita,
Yembekezani’s parents, the administrator and all the children.
Situation (b)
Your earthly possessions are a two bed roomed house in Bauleni, an old Toyota Mark
II, a bank account of K5 million, a bicycle, clothes, household furniture, a kantemba
run by your wife and a piece of land in Chieftainess Chiawa’s area where you grow
maize every farming season. You have a wife and three children. Your parents in
Chama North also depend on your support for their livelihood.
Write a Will indicating how you want your estate to be shared when you die.
Situation (c)
Martha Mutale has been involved in an accident and is dying from the injuries
sustained in the crash. She is admitted to the emergency ward of Kitwe Central
Hospital. In the presence of a doctor and two nurses, she announces that she has no
written Will, but would like to leave her entire estate to her favourite daughter
Elestine. She asks the persons present as witnesses of her intention. Her other
children, two boys, Charles and Mathew she intends to leave nothing because they
have given her no joy but trouble since they reached their teens. Later that day she
dies.
i. Is her Will valid? Give reasons for your answer?
ii. Under the Intestate Succession Act, Cap 59 of the Laws of Zambia, would
Charles and Mathew be entitled to Martha Mutale’s estate? If so why? If not
why not?
44
MEDIA SHEET
The Victim Support Unit was created by the Police Amendment Act number 14 of
1999. It was created to prosecute, investigate and offer counselling services to
families. The Victim Support Unit is charged with the responsibility to deal with
family offences such as:
Domestic violence
Occasioning bodily harm (OBH)
Causing grievous bodily harm (GBH)
Arson
Malicious damage
Property grabbing
Incest
Sodomy
Indecent assault
Child protection
Human trafficking
45
In offences such as occasioning bodily harm, causing grievous bodily harm, arson,
malicious damage, sodomy and indecent assault, the Victim Support Unit comes in
only when the offender and the victim are related. This is because, crimes committed
on family members by family members are very difficult to be known because victims
are afraid to speak up. This is because tradition frowns upon a younger person
accusing an older person of a heinous act or the offender is probably the bread winner
of the family or because the family does not want to be embarrassed in the
community. If crimes such as occasioning bodily harm, causing grievous bodily harm,
arson, malicious damage, sodomy or indecent assault are not committed by family
members then the crimes will be dealt with by the Criminal Investigations
Department.
The Victim Support Unit is also given the responsibility of sensitising the public on
such offences. They create awareness about the crimes, the extent of the crimes, what
the law says about the crimes, their effect on the victims and steps victims and their
relatives can take in seeking help or justice for the victims.
Activity 7
(a) Discuss and write short paragraphs about each of the offences listed under the
authority of the Victim Support Unit. In your discussion and answers justify in
which circumstances each of them may be classified as a family offence:
i. Domestic violence
ii. Occasioning bodily harm (OBH)
iii. Causing grievous bodily harm (GBH)
iv. Arson
v. Malicious damage
vi. Property grabbing
vii. Incest
viii. Sodomy
ix. Indecent assault
x. Child protection
xi. Human trafficking
(c) Use the compass rose to compile a profile of Zambian Families. It would be
easier if you classified Zambian families according to high income, middle
income, and low income. Use the compass pointers as sub headings of your
profile.
NATURAL
Here analyse natural environments that different Zambian families live in. Discuss
the types of homes they live in, appliances they buy and use, the energy they use in
their homes, water supply, garbage disposal and how they look after their
surroundings. The issues here are about the built, as well as the natural environment.
46
NATURAL
SOCIAL
Here discuss issues about people in families and their relationships, traditions in
families, culture and the way they live. Include questions about how, for example,
gender, disability and age affect family social relationships
(d) Using the information developed in the Developmental Compass Rose, write
an editorial for a local newspaper on the Zambian family set up clearly
showing the social, economic, political and environmental aspects.
Activity 8
a) Carry out a survey in your school to determine the type of family members of
your school belong to? Determine the needs or difficulties faced by children
belonging to certain families? Suggest ways in which these children could be
helped to cope with their needs or difficulties.
b) Organise and celebrate Family Week at your school bringing out family values
through family pictures exhibitions, essays, drawings, talks and video shows
on all aspects of family life.
c) Write a lengthy feature about either a couple that is about to get married
highlighting how they decide to get married to each other, the procedures that
they are going through, the difficulties they are facing or have faced and the
joys they have experienced.
47
e) Visit a court session where a divorce proceeding is going on and write a report
about it. If there is no divorce preceding going on, then interview court
officials about how they handle divorce cases and write a report.
CHAPTER 3
DEVELOPMENT PLANNING
By the end of this chapter you should be able to:
Define development planning
Discuss types of development planning
Discuss the importance of budgeting and fiscal discipline in development
planning
Discuss the functions of micro and macro-economic financial institutions
Examine indicators of development.
INTRODUCTION
Development planning refers to the deliberate effort by the state aimed at the
achievement of certain goals such as:-
raising the standard of living of the people through increased income returns,
better services given to the people, such as education, housing, health, clean
and safe drinking water and good roads.
elimination of disparities between urban and rural areas.
Purpose of Planning
48
an evaluation of progress achieved under the preceeding plan.
a statement of general objectives of economic and social policy.
estimates of growth or targets for each major economic or social component
during the period covered by the plan.
measures designed to raise the rate of economic growth, for example to
stimulate saving and investment and to increase productivity.
A development plan normally focuses several years ahead, usually three to six years.
Long term plans sometimes cover ten to twenty years. It involves maximising benefits
from limited resources of any given country. Planning ensures that available resources
will be spent wisely. A good plan should not have objectives which are impossible to
achieve.
Levels of Planning
Planning takes place at all levels. It can be at individual, community and national
levels.
Individual level:
Suppose you want to do farming, you should identify what resources you need such as
seeds, fertilisers, hoes or a plough, money to pay for labour and also market for your
products. This means you have to draw a plan and a budget for your farming activity.
A budget is a plan of action for a specific period of time indicating estimated income
and expenditure on the project.
Community level:
The community may decide to build a school. They have to identify resources to be
used to build a school, such as concrete blocks, stones, sand, cement, asbestos sheets
and labour. They should then draw a plan and a budget for the project which should
show the source of funds.
National level:
At national level, the government may decide to build bridges across the country.
First of all the government will advertise the project through tender. Individuals or
companies which would like to carry out the projects will then respond to the
advertisement.
From 1964 to 1991, Zambia had The Emergency Development Plan (EDP), The
National Transitional Development Plan (NTDP) and five National Development
Plans:
49
This plan was launched immediately after independence as the first step to
restructure the inherited colonial capitalist economy. It was designed to lay a
viable administrative structure and provided a framework for more comprehensive
programmes of economic and social development in Zambia.
This plan covered the period from 1965 to 1966. Money was spent on the
extension of transport, power and communications services. In addition, the plan
focussed on the improvement of agriculture and education. Primary and
Secondary Schools were built in each district.
The plan covered the period from 1966 to 1970. It had six main aims as
follows to:
- diversify the economy from copper mining to agriculture and
manufacturing,
- develop the rural areas,
- expand education services,
- expand welfare services such as housing and building of more
hospitals,
- improve power, transport and communications services,
- create 100,000 new jobs by the end of 1970.
This plan covered the period from 1972 to 1976. Its goals were to increase and
expand the diversification process initiated under the FNDP as follows:
- attaining self-sufficiency in food supplies and improvement in income,
- expanding and diversifying industry and mining through import
substitution by using local materials,
- initiating measures for regional development,
- linking educational programmes to the country’s manpower
requirements,
- providing infrastructure country wide,
- improve the existing infrastructure such as power, transport and
communication.
This plan covered the period from 1980 to 1983. It had the following goals:
50
- fair income distribution and creating an egalitarian (communal)
society.
- diversification of the economy and rural development
- expanding educational and training facilities to speed up the process of
Zambianisation.
In order to include the above, therefore, the Transitional National Development Plan
TNDP was developed. The TNDP also covered the period 2002 – 2005.
51
Zambians by 2030 aspire to live in a strong and dynamic middle income industrial
economy that provides opportunities for improving the well being of all embodying
values of socio-economic justice through:-
The plan covers the period 2006 – 2010. Some of the goals of the FNDP are to:-
International level
Planning also takes place at international level. For example, the United Nations
Organization has set international development targets known as the Millennium
Development Goals to be achieved by individual member states by 2015. You will
learn more about this under Global Issues.
52
Types of Development Planning
Plans fall under three categories: Short, medium, and long term.
The Medium Term Plan ranges between three and seven years, with five years
as the most popular choice. The purpose of the Medium Term Plan is to move
towards self – sustaining growth.
In the medium term plan, government identities priority areas for development. The
main objectives of the medium term plan may be to:
- diversify the economy to eliminate over dependence on one or two products;
- increase the value of the nation’s own output;
- maintain reasonable price stability;
- eliminate disparities between urban and rural populations in terms of wealth
and job opportunities;
- raise the level of general education;
- provide training to equip more people for administrative and technical jobs;
- develop the necessary social infrastructure such as schools, hospitals and
roads;
- develop transport and communications;
- attain self sufficiency in food supply and security, and new sources of
energy;
- balance development between manufacturing industry and agriculture;
- stabilize the economy by controlling inflation,
- periodically review the exchange and interest rates.
The Long Term Plan (LTP) is sometimes referred to as the Long Range
Development Plan (CRDP). It covers a period of ten to twenty years and
above.
53
This type of plan is mostly needed for the implementation of large scale
projects such as:
Such projects take a lot of time to complete. They are very important for national
development. The Long Term Development Plan gives government enough time to
mobilize resources for the projects. It also enables government to spread development
to all areas, particularly in rural areas.
A Long Term Plan takes care of the short comings of short and medium term plans
such as planning for too many things in one budget.
Exercise 1
Answer the questions below
Activity 1
In pairs draw a development plan of your school.
Centralised Planning:
Experience from developing countries, however, has shown that centralised plans
have not succeeded. Since the control of the plan is centralised at one place, it gave
rise to several problems such as:
54
top-down fashion on local communities which showed little enthusiasm at the
crucial implementation stage.
Centralised planning tended to disregard local condition. For example,
centrally based planners might decide on the need to grow wrong types of
crops in particular areas which are not suitable.
Plan organisations were dominated by expatriate advisers who knew very little
about local farming communities.
Locally based government officials were by-passed in plan preparation,
including local communities.
There was delay of the approval of the plans since they were referred to the
headquarters before implementation.
Decentralized Planning
Zambia tried Decentralised Planning in the 1980s but there was less success due to
blotted labour force in local councils. Much of the resources were spent on workers
than on developmental projects. Since the year 2000, Decentralised Planning has been
re-introduced in Zambia through activity based budgeting plans in the community.
Social Planning
Social planning involves the drawing up of plans for future action in regard to social
institutions and resources. A social plan is designed to meet the needs of a society,
which means, in many cases, covering an entire nation. Social planning is sometimes
also used to mean planning by a group as opposed to planning by an individual.
Fiscal discipline means strict control of public resources. The government takes
measures to ensure compliance in taxation and public expenditure. Government
should cut its expenditure and direct its resources only to essential areas such as
education, health and agriculture. Public officials who miss-use or misappropriate
government funds are severely punished. Government sticks to the goals set in a
budget. As much as possible, external borrowing is avoided unless where such
borrowing targets economic growth through productive investment.
Planning is a method of decision making that proposes or identifies goals or ends, and
does so by the application of analytical techniques. Regional and urban planning
apply this method to determine public investment and other policies regarding future
growth and change.
55
Urban planning has existed ever since people began to build towns and make
decisions about their future. The diverse classes, ethnic groups and interest groups
that live in the towns have different conceptions of how the town ought to grow and
change. Consequently these groups have attempted directly or indirectly to influence
the planners. For example, the flying over bridge at Kabwe roundabout in Lusaka was
as a result of public pressure on the town planners to construct the bridge to avoid
more train accidents at the rail crossing.
Some of the activities which the urban planners can address include road net work,
drainage system, housing units in residential and commercial areas, industrial sites
and markets. Careful planning is needed in all the projects and activities in urban
areas.
Exercise 2
Activity 2
Read the following extract of the 2006 Budget address by Finance and National
Planning Minister and answer the question that follows:. K217.4 billion on tertiary
education and K165.6 billion on high schools.”
“Mr Speaker, the Government proposes to spend K1,647.4 billion in education sector.
This is equivalent to 26.9 percent of the discretionary budget compared to 24.0
percent in 2005, These resources are required to cater for teachers’ salaries, school
requisites, rehabilitation and building of school infrastructure, including teachers
houses in the rural areas. Sir, the increase in allocation to the education sector will
also allow the Government to recruit an additional 4,578 teachers. Mr Speaker, out of
the total education allocation, the Government proposes to spend K700.5 billion on
primary and basic schools.”
Discuss the National Budget on Education and write a report to present to the rest of
the class.
56
- ZAMSIF Study Fund
- ZAMSIF Community Investment Fund (CIF).
- ZAMSIF Study Fund links and networks with several institutions and
programmes whose activities focus on poverty and social sector. The
main aim of the study fund is to support research and studies, which
focus on poverty related issues.
- ZAMSIF Community Investment Fund (CIF) is fund that supports
projects that are initiated and driven by the community for the benefit
of the community. The District Council together with the District
Development Coordinating Committees (DDCC) determine which
projects will be supported to subsequently benefit the communities.
ZAMSIF has the headquarters in Lusaka with offices in all Provincial
Centres.
The organisation provides financial services for both savings and credit. The
target group is low income women. It provides soft loans to low income
women at a very low interest rate of not more than 10 percent. It aims at
empowering women financially. It has branches in all the nine provinces of
Zambia. Its headquarters is in Lusaka.
The organisation gets financial assistance from International Network
Women’s World Bank. Interest is less than 20% per year.
Macro is a Greek word meaning large. Macro Financial Institutions are institutions
which fund large scale projects such as construction of schools, bridges, roads and
railway lines. Some macro financial institutions operating in Zambia are local and
others are international, such as The International Monetary Fund (IMF), The World
Bank , African Development Bank (ADB) and Arab Bank for Economic
Development in Africa (ABEDA).
The World Bank joined the European Committee in 1992 to form the Social Recovery
Project (SRP). The two projects SRP and MPP formed the Micro-projects Unit
57
(MPU) located in the Ministry of Finance and National Planning. SRP was replaced
by the Zambia Social Investment Fund (ZAMSIF) in 2000. There were a lot of
problems in carrying out Micro-projects in Zambia. The major reason was lack of
transparency and accountability. Projects took long to complete because funds were
misappropriated by members of the implementing committees. A number of
uncompleted projects were abandoned. Religious Organisations, NGOs and District
Councils were also often used as MPU project implementing agencies. Generally the
Religious organizations implemented projects very well.
ZAMSIF Study Fund links and networks with several institutions and programmes
whose activities focus on Poverty and the Social Sector. The main aim of the Study
Fund is to support research and studies, which focus on poverty related issues.
Community Investment Fund (CIF) is a fund under ZAMSIF that supports projects
that are initiated and driven by the community for the benefit of the community. The
District Council together with the District Development Coordinating Committees
(DDCC) determine which projects will be supported to subsequently benefit the
communities. ZAMSIF has the Headquarters in Lusaka with offices in all provincial
centres.
58
The IMF is a specialised Agency of the United Nations which was set up in
1944. Some of the objectives of the Fund are to:
- promote international monetary cooperation;
- promote stable exchange rates and maintain orderly exchange
arrangements;
- facilitate the expansion and balanced growth of international or
foreign trade;
- encourage full convertibility between currencies and an end to
exchange controls;
- to shorten periods of balance of payments of member countries;
The Economic Adjustment Policies prescribed by the IMF are considered by many
countries to hinder development. The measures suggested by the IMF to overcome the
balance of payments problems include:
Unfortunately, rich countries put restrictions against imports from the same
developing countries they want to assist. The IMF’s main financial role is to provide
temporary credits to members experiencing balance of payments difficulties. In return
members borrowing from the fund agree to undertake policy reforms to solve the
problems. The amounts that IMF members may borrow are limited in proportion to
their contributions to the Fund.
World Bank Member Countries pay subscription fees to the Bank according to
their Growth National Products (GNP).
The African Development Bank was established in August 1963 and began
operations in July 1966. The Bank receives contributions from African and
non-African Countries. It gives concessionary loans to member states. A
concessionary loan is money given to a country with no conditions attached.
59
It gives loans to specific projects that are productive and provides finance for
foreign exchange requirements for such projects. Loans are usually for a
period of 20 years with a grace period of five years.
The Bank was set up by the Arab League in 1973 and began operations in
1975. The Head Office is in Khartoum , Sudan.
It gives loans to specific projects that are productive and provides finance for
foreign exchange requirements for such projects. Loans are usually for a
period of Twenty (20) years with a grace period of five years.
Indicators of Development
60
Gross National Product (GNP) or The National Income
It is important to know the value of the nation’s output and how it is changing
over time. Such data is important because they enable the government come
up with policies which will increase the country’s production levels. This also
enables business people plan for the future and provide them with a basis for
estimating future trends and needs.
Gross Domestic Product is total output of an economy and consists of all the
accounted for goods and services that have been produced in the course of a
year. All products and services produced within the country are added up and
calculated in monetary form.
If a country has a high life expectancy at birth, a high adult literacy levels and a high
average years of schooling and purchasing power per person, it is said to have a high
level of development.
Exercise 3:
Answer the following questions:
(a) Explain the difference between GNP and GDP
(b) Discuss some of the criticisms against IMF Fund.
(c) Explain the activities of ZAMSIF
Total Population
Activity 3:
61
(a) Imagine that you are a member of the project committee at your school. Draw
a project proposal to be submitted to the micro-financing institution in your
are for funding:
ABEDA ________________________
(a) Identify some Micro Financial Institutions in your area. Prepare a short report
on the functions of the institutions. Present to the rest of the pupils in your
class.
(b) Write a newspaper article on the need for Development Plans for Zambia.
62
CHAPTER 4
POVERTY IN ZAMBIA
By the end of this chapter you should be able to:
define poverty.
outline the causes of poverty.
discuss the effects of poverty
discuss poverty alleviation measures.
evaluate poverty alleviation policies and their implementation in Zambia.
The definition of poverty is broad. Although people have talked and written about
poverty in the world, they have not reached an agreement as to what constitutes
poverty. This is because poverty is not only relative but also a complicated
phenomenon that cuts across social, economic, political, cultural and gender aspects
of life. As a result, there is no single definition or description that can effectively
reflect all these aspects of life.
Much as it may be difficult to measure poverty, it can still be done by using three
perspectives; these are,
The Human Poverty Index: (HPI). This has been developed by United Nations
Development Programme and measures poverty in terms of deprivation in the
following areas:
63
Deprivation in economic provision measured by the percentage of the
population lacking access to health services and safe water and adequate
nutrition.
The HPI does not take into account other aspects of poverty which are difficult to
measure such as lack of political freedom, personal security and the ability to
participate in decision making.
The Central Statistical Office (CSO) determines the poverty line as the amount of
monthly income required to purchase basic food to meet the minimum caloric
requirement for a family of six (food basket). This measurement does not take into
account basic needs of people such as shelter, education, healthy care, electricity,
clothing, footwear and transport.
In Zambia, poverty is not uniformly spread across the country. In 1998, for example,
73% of the total population was poor, of which 58% were said to be extremely poor.
There is greater concentration of poverty in various forms in the rural areas (83%)
than in the urban areas (56%) and in the provinces outside the country’s main line of
rail than in the provinces along the line of rail. There are also disparities at provincial
level as shown in the table below.
Overall and extreme poverty in Zambia in rural and urban areas, 1998
(percentage of population).
Table 1
The poorest province in Zambia is Western Province with 89% overall poverty
followed by Luapula and Northern Provinces with 81%.
The different ways in which people experience poverty tend to affect the manner in
which they perceive it. The following are some of the characteristics of poverty as
perceived at various levels:
64
- Lack of access to adequate shelter.
- Poor clothing.
Economic Status
Social Status
- Inequality
- Low self esteem.
- Landlessness / no access to land.
Political participation
- Powerlessness
- Lack of a political voice.
- Lack of access to legal institutions, that is courts of law.
Personal perceptions of poverty draw together issues of income and power, assets,
services, shocks and vulnerability as lived experiences.
“Don’t ask me what poverty is because you have met it outside my house. Look at the
house and count the number of holes. Look at the utensils I am using and the clothes
I am wearing, what you see is poverty”
“We have land but nothing to work it with. All I have is a small hoe. Ten years ago, I
got eight bags per acre, today I get two bags. I can not afford fertilizer. I do not
qualify for credit.”
“We know that cutting down trees will cause water shortages and that making
charcoal can cause forest fires, but we have no choice. Because we lack food, we have
to exploit the forest.”
“Even if a woman is given a chicken or goat by her parents she can not own it. It
belongs to her husband.”
Exercise 1
65
Percentage
% of
members
Human not expected
Poverty to live Population Population
Index beyond 40 without without
(HPI-1) years of age Adult Access to access
SADC Value 1998 Illiteracy safe water health
HDI % Rate % (5) service %
Rank Country 1998 1998 1990-98 1998
1 Seychelles - - 16.0 - 1
2 Mauritius 11.5 4.8 16.2 2 1
3 South Africa 20.2 25.9 15.4 13 25
4. Swaziland 27.3 20.2 21.7 50 45
5. Namibia 28.6 33.5 19.2 17 45c
6. Botswana 28.3 37.1 24.4 10 14
7. Lesotho 23.3 26.0 17.6 38 20
8. Zimbabwe 30.0 41.0 12.8 21 29
9 DR Congo - 31.7 41.1 32.0 0
10. Zambia 37.8 40.2 23.7 62 25
11. Tanzania 29.2 35.4 26.4 34 7
12. Angola 54.7 37.7 58.0 69 76
13. Malawi 41.9 47.5 41.8 53 20
14. Mozambique 50.7 41.9 57.7 54 70
SADC 31.5 35.3 29.0 35.4 31.3
(i) Which four countries have high Human Poverty Indexes? Give reasons for
your answer.
(ii) The table shows that 46.2% of Zambia’s population will not live beyond
40 years of age:
(iii) Give reasons for the reduction of Zambia’s life expectancy. How does
poverty affect life expectance of people.
According to world ranking of 1998 Zambia was one of poorest countries in the
world. Two thirds of the Zambian population is poor. The reasons for which most
Zambians today are very poor and deprived of the basic necessities of life are
complex and interrelated. The fundamental causes of poverty lie in the social and
economic structures of society. These include levels of technological development,
efficiency and effectiveness of the social and economic institutions and structures, and
effectiveness of the management systems.
The following are some of the explanations for the causes of poverty in Zambia:
66
Internal factors
External factors
External factors relate to the deteriorating terms of trade for Zambia’s main
export commodity, copper. Copper exports accounted for 90 percent of the
country’s export earnings and about 50 percent of total local production of
goods and services or Gross Domestic Production (GDP). The fall in the
copper prices from mid 1970s, severely affected the government’s capacity to
invest in the economy and provide adequate social services. However, it is
worthy noting that before 1972, Zambia was one of the richest countries in
Tropical Africa, with great potential for sustainable economic development.
All these problems have left most small scale farmers with inadequate incomes to
meet basic needs of life.
67
Debt burden
Over the years, the payment of the debts on average accounted for 10 percent
of the Gross Domestic Product (GDP), while the social sector accounted for
only 5 percent. This means that more money is spent on servicing the debt at
the expense of investing in social and economic development. This inadequate
expenditure on economic and social services has contributed to increased
poverty and minimal economic growth.
External dependence
Inadequate economic growth and huge debt burden have made external
funding a necessity. Zambia has continued to borrow from partners to invest in
social and economic development, for example, in the education and health
sectors.
Climatic variation
The increase in illness (morbidity) and premature death that Zambia has
experienced due to HIV/AIDS pandemic has contributed to poverty. Many
families have lost productive members or bread winners. The cost of caring
for a chronically ill family member can impoverish a family. At national level,
economic growth is affected by the high incidence of HIV/AIDS which has
lead to loss of human resources through death and loss of man hour due to
sickness.
Orphans
The increase in the number of orphans requiring care and support from
relatives causes a strain on families resources. This has contributed to increase
in poverty levels.
There has been an increase in the number of single parent household as well as
child headed households. This is attributed to the HIV/AIDS pandemic that
has negatively impacted on families. Many single parent or child headed
households have failed to meet basic needs of the families.
68
Inequality
In Zambia, it has been observed that the gap between the rich and poor is
widening. This inequality in terms of income, education, wealth and access to
assets has led to high poverty levels.
Low pay
Although we might think that people in paid employment are not poor, low pay is
actually a major cause of poverty.
Conflict
When people have a negative attitude towards work and lack initiative, this
can lead to poverty.
Dependency syndrome.
Individual weakness
Exercise 2
a) What arguments suggest that individual weakness is not the main cause of
poverty?
b) List categories of people who you think are at risk of being poor. Support
your answer.
c) Identifhy some of the main causes of poverty and suggest possible
solutions.
Activity 1
Case Studies
69
Case study 1
Case Study 2
The streets of the city are poorly maintained by the council. Despite complaints
from the community, rubbish mounts in the streets and when it rains the roads
turn to mud and the puddles are breeding ground for mosquitoes. In the rainy
season, malaria is rife amongst adults and children and can be a killer. Streams
used for drinking water are contaminated and incidences of cholera and
diarrhoeal infections are rising. People read in the papers that international
agencies are providing support for medical services in the city but the residents
are dismayed that the local health clinic has run out of drugs for malaria. It seems
that many drugs have been sold on the open market by the medical staff.
Case Study 3
Mary met her husband when he was training to be a teacher. They married five
years ago. Her husband got a job in a school and they had two lovely children.
When their toddler died last year they were both heart broken. Now, both Mary
and her husband are ill. It looks as if either Mary or her husband could have been
HIV positive even before they married and the family is now infected. So far, their
firstborn son remains healthy and they hope her husband’s brother will care for
him if need be although he already looks after their widowed mother and has four
children of his own.
Case Study 4
Jonathan Bwalya used to work on a cotton weaving machine. The chaos of the
1980’s and the opening up of the market to foreign-produced and second hand
clothes undermined the local cotton trade. Jonathan lost his job and has been
unemployed ever since. Because he has always worked on a factory machine, he
has few other skills. The factory turned him out of his company house, and he and
his family lost the use of the factory medical centre and social club. He doesn’t
own a plot of land on which to live and grow vegetables. He is now trying to earn
a living loading lorries on a casual basis. Some days he gets no pay. But when
there is plenty of work around, the boys in the family work alongside him. He and
his family now live in the shanty compound.
(i) Make a list of problems faced by the people in each case study.
70
(i) Assess the context in which the household make a living in each
case study. What factors affect the family’s strategy for making a
living?
(ii) What are the causes of any differences in the incidence of
poverty in the case studies?
(iii) How could you identify vulnerable households like the ones in
the case studies.
Effects of Poverty
The effects of poverty are interrelated and the following are some of them;
Hunger/food insecurity.
High unemployment levels.
Increase in crime.
Conflicts in the society.
Increase in corruption and vandalism.
Increase in dependence syndrome.
Low life expectancy due to low standard of living and other factors.
Increase in prostitution (commercial sex.)
Lack of access to basic needs like food, shelter, clean water, education and
health facilities.
Breakdown of the extended family support system.
Depletion of natural resources due to more people exploiting the same
inadequate resources.
Increase in child labour.
Poverty alleviation is the process of lessening the suffering of the poor by meeting
their immediate pressing needs. Hence poverty alleviation measures are aimed at
improving the conditions of the poor.
The following are some of the ways in which poverty in Zambia can be alleviated:
Improve the provision of education as education is a very powerful tool for
poverty reduction.
Increase food production and empower small scale farmers.
Improve the health status of people in Zambia especially the poor.
Reduce the incidence, infection and the socio economic impact of HIV/AIDS.
Increase access to safe water and sanitation.
Promote a self – sustaining export led agricultural sector which ensure
increased household income and food security.
Increase access to skills development and vocational training
Promote rural electrification to attract investments and reduce unemployment
in the rural areas.
Increase access to means of production such as land and farming implements.
71
The Poverty Reduction Strategy Paper (PRSP) is the overall framework for national
planning and development focusing on interventions for poverty reduction.
The overall national goal is to achieve sustained economic growth and employment
creation.
The following are some of the main areas addressed by the PRSP:
Any poverty alleviation strategy needs careful preparation and clear plans for
implementation. It should address the multiple dimensions of poverty. Poverty
reduction is as a result of economic growth, improved services, gender equality,
environmental sustainability and good governance.
Exercise 3
a) From your own experience, identify the effects of poverty. Give reasons for
your answer.
b) Food security and high unemployment levels are some of the challenges that
Zambia is facing. Show how these affect the Zambian population and
suggest possible and practical solutions to these challenges.
72
c) Discuss the dependence syndrome situation in Zambia. Suggest practical
solutions to this syndrome.
d) Some people argue that HIV/AIDS causes poverty while others say poverty
causes HIV/AIDS. Analyse this statement giving reasons for your answer.
e) One of the poverty alleviation measures is to reduce the incidence of
infection and the socio economic impact of HIV/AIDS.
f) Imagine that you are one of the committee members selected to come up
with strategies that will address the following areas in the Poverty Reduction
Strategy Paper.
Activity 2
Activity 3
73
CHAPTER: 5
ENVIRONMENTAL EDUCATION
By the end of this chapter you should be able to:
Define environment
Outline causes of environmental degradation
Suggest ways of addressing environmental degradation
Identify institutions that promote environmental management in Zambia and
discuss their functions
Discuss the importance of biodiversity in the management of the environment
Discuss Zambia’s environmental policy.
The Environment
The word environment refers to surroundings and the things found in them both
physical and cultural which differ from place to place. In other words, the
environment is made up of interacting things and processes. For example, soil, air,
water, plants, animals and humans all affect each other in one way or another.
Consequently, it is important to look at the environment as a system of working parts.
It can be likened to the human body whose various organs perform specific functions
or roles. None of the parts work independent of the other. If we damage any of the
components, then we damage our own life and that of other life forms.
Natural Environment
Physical and Living environment
Atmosphere, Hydrosphere,
Lithosphere Animal and Plant
life.
Economic Environment
Political Environment Economic Systems
Political Institutions Economic Institutions
making choices Decision Rural and Urban
making landscapes.
Social/Cultural Environment
Culture and Social Institutions
Beliefs, customs and traditions
74
Main Components of the environment
Activity 1
Exercise 1
Overpopulation
This is the presence in a given area of more people than can be supported
adequately by the resources available in the area. Overpopulation is the major
cause of all other environmental problems. Fewer people would need less
food, burn less fuel, discharge less sewage into water bodies, cut less trees for
construction, charcoal production and wood fuel.
Pollution
75
in our bodies. However, they are very poisonous even when consumed in
small doses. These substances are emitted during mining and smelting
operations. In the natural environment, these substances are buried deep
underground where they do not enter biological systems. But when they
are mined, they contaminate streams, rivers, lakes, ground water
supplies, soil and even the atmosphere. Thus, a natural material that was
originally harmless may become a pollutant if it is exposed to the
atmosphere by mining or processing.
Depletion of Resources
A resource is any source of raw materials or object that human beings are able
to use to sustain life or produce wealth. Thus, water, fish, minerals, soils and
trees are all resources. A resource is depleted or used up when it becomes less
available for its intended function or use. Resources get depleted in three
different ways:
(ii) By converting them into another substance or product, for example, coal or
oil are destroyed when they are burnt to produce energy;
(iii) By being displaced to some location from which the material cannot be
recovered. For example, when copper is mined it can not be replaced in the
ground;
(iv) By being polluted, a substance is rendered unfit for use. Thus pollution
and depletion are related to each other. For example, if industrial or
agricultural wastes are discharged into a river or percolate down the
ground to reach ground water; these water sources become less fit for
drinking water and in case of a river, it become less fit to support aquatic
life.
76
overgrazing by domestic and wild animals has led to accelerated
erosion. This is also noticeable in some parts of Zambia where
vegetation cover has been removed for farming purposes on large
scale. It takes 200 – 1000 years for 4.5cm of soil to form while the
same amount of soil can be lost in less than 20 years by accelerated
erosion.
(b) Deforestation: The high demand for timber for industrial use and
domestic use as well as conversion of forests to farmland and ranching
have led to the destruction of forests especially in Africa and South-
East Asia. It is estimated that about 4.5 million hectares of forests are
destroyed every year through logging in the tropics. In the temperate
regions, acid rain is destroying forests due to air pollution.
(d) Over fishing: Rapid increase in global fish harvest has resulted in
over-fishing. Over-fishing has led to depletion of some fish species. In
addition, oil spills pollute the world’s oceans killing thousands of
marine organisms including fish.
(e) Fresh water depletion: The demand for water for irrigation, power
generation, domestic and industrial use has exceeded sustainable
supplies in many parts of the world.
Climate Change
77
War
Exercise 2
1. Explain what the term environmental degradation mean.
2. Identify major causes of environmental degradation and explain how they
affect the environment and suggest possible solutions.
3. Discuss the difference between a biodegradable and non-biodegradable
substance. Give examples from the environment around your school.
4. Explain how resources can get depleted with specific examples in your local
area.
5. State two potential dangers of global warning on the environment.
Deforestation
About 60% of the land in Zambia is under forests. Forests provide a range of
products, which are widely used by rural and urban households and industries. These
products contribute substantially to income generation, employment as well as
subsistence in various parts of the country. For example, charcoal and timber
production play an important role in rural income and employment. In urban areas,
charcoal accounts for 90% of all energy requirements in many households. However,
unsustainable utilization of forests if left unchecked will eventually lead to forest
depletion and degradation. There is no corresponding replanting of trees to renew
supply.
78
grow. Currently, it is estimated that about 20% of forests have been cleared for
commercial agriculture in Eastern, Southern, Luapula and Northern provinces.
Over-cutting trees for timber and poles by legal and illegal merchants as well as late
burning has had adverse effects on forests. Eventually, deforestation will lead to soil
erosion desertification and lack of fuel-wood and charcoal for both domestic and
industrial use. In order to utilize forests in a sustainable way, there is a great need to
re-afforest deforested areas and afforest other areas.
Activity 2
Exercise 3
1. What is deforestation?
2. Briefly explain activities that can lead to deforestation.
3. Explain why forests are important.
4. Give three reasons why people should grow trees.
5. Read the letter below addressed to a newspaper editor by a concerned
Zambian and answer the question that follow.
Dear Editor,
I write to you to register my total disapproval at the way people are being kept out of
the forest areas. I am particularly against the current campaign to evict people from
the mufungo forest by the government. Mufungo forest has one of the best soils in this
country. I suggest that the forest be cleared to give way to settlements and farms. The
following will be the benefits:
For the above reasons, I feel the government should open up Mufungo forest for
settlement and farming.
79
G.M. Mbata
Matete Agricultural Officer
(a) What arguments can you use against Mr. Mbata’s letter in order to
conserve the Mufungo forest. List them down in your homework
book.
(b) Clearly distinguish between afforestation and re-afforesttion. Why are
these activities important?
Wildlife Depletion
Wildlife, apart from being a natural beauty and biological diversity, it also provides
employment, much needed protein (meat) and is a great tourist attraction. Zambia has
a vast range of plant and animal species. The country has an impressive network of
protected areas (30% of the total land area). However, wildlife depletion has been
identified as one of the major environmental problems. It is estimated that close to
50% of the National Parks are either depleted of game or have been encroached upon
by people for various activities. Among these are; Luvushi-manda, Kasanka, Lusenga
Plains and Isangano. In the Luambe, Lukuzuzi, Sioma Ngwezi, West Lunga and
Mweru –Wa-Ntipa, the situation calls for urgent rehabilitation of the parks.
Most Game Management Areas (GMAs) are almost depleted of game. This is because
human settlements and other land uses have been permitted in GMAs, thus exposing
them to degradation in the absence of a comprehensive management plan.
The main cause of the decline in the number of big game such as elephants and rhinos
is essentially poaching for trophies and meat. Large scale unemployment in both rural
and urban areas also encourage people living in or near National Parks and Game
Management Areas to collaborate with poachers. This makes it difficulty to curb the
scourge. Reduced budgetary allocation for wildlife conservation in national parks and
game management areas has resulted in reduced effectiveness in the administration of
these areas.
Illegal hunting is thus largely driven by economic dictates. The utilization and trade in
trophies and game meat continues to be big business both in rural and urban areas.
Consequently, poachers and legal hunters target large animal species such as elephant,
hippo, buffalo, impala, warthog, zebra, eland, wild beast, kudu and bushbuck.
Species Status
Shoebill Vulnerable
Wattled Crane Vulnerable
Slatey Egret Vulnerable
80
Taita Falcon Vulnerable
Lesser Kestrel Vulnerable
Black Cheeked Lovebird Vulnerable
Black Lechwe Vulnerable
Kafue Lechwe Vulnerable
Black Rhino Endangered
Elephant Endangered
Lion Vulnerable
Cheetah Vulnerable
Wild Dog Endangered
Elephant Shrew Vulnerable
Encouraging game ranching especially along the line of rail where the demand
for game meat is high. There are more than 30 game ranches in Zambia today.
Most of them are found on titled agricultural land along the line of rail.
Exercise 4
Activity 3
1. Make an inventory of other bird and animal species that are threatened by
extinction other than those listed in the book. Ask your parents or guardians to
assist you draw the list.
Pollution
Another environmental problem Zambia faces today is pollution of air, soil and water
resources. This is a result of rapid increase in the generation of waste due to
81
industrialization and population increase in recent years especially in Lusaka and the
Copperbelt.
Effluents from the mines have long been recognised as a major environmental
problem responsible for loss of aquatic life along the Kafue River. Localised
air pollution from emissions of smelters on the Copperbelt and Kabwe have
been associated with respiratory diseases in these areas. Solid mine wastes
such as waste rock, tailings, slag, chemical wastes and open pit excavations
are a major environmental concern today and will continue to be so as more
mines are being developed, unless measures are taken to curb or lessen this
problem.
Mopani Copper Mines operations have had negative effects on the immediate
environment. The Company emits sulphur dioxide into the atmosphere and has
inadequate dust -capturing systems at both the smelter and cobalt leach plants.
Emissions by these mining companies have resulted in the contamination of streams
that surrounding communities use for their domestic and agricultural water supply. In
addition, these emissions have been associated with discomfort of people in terms of
eye, nose, throat and other related respiratory irritations in the surrounding
communities.
82
control aphids in Zambia causes deletions in the chromosomes of white
blood cells, thus, it weakens the body’s immune system. Besides, target
pests become more and more resistant to available pesticides which in turn
demands increased dosages. Pesticides also contaminate surface and
underground water sources. It is for this reason that DDT has been banned
in many countries as a pesticide. In Zambia, it is still being used in the
control of malaria by spraying mosquito breeding grounds.
Uncollected waste and poor sanitary conditions especially in big towns like
Lusaka, Ndola, Kitwe and Livingstone have been regarded as being
responsible for the outbreaks of communicable diseases such as cholera,
dysentery and typhoid. The use of pit latrines and shallow wells for domestic
water supply as well as the use of untreated water in many of the high density
settlements make it difficult to control these communicable diseases. Poor
waste disposal and management have led to the general deterioration of the
environment particularly in high density compounds and peri-urban areas. For
example Lusaka City Council is not able to collect all the solid waste
generated in the city for disposal in designated sites.
Exercise 5
The formulation of Air Pollution Regulations has lagged behind due to lack of data.
This was revealed by Mr Henry Kabwe, an Inspector in the Air and Noise Pollution
Control Unit of the Environmental Council of Zambia during an interview. Mr.
Kabwe said that there is no inventory on air pollution in Zambia. The problem is
83
compounded by lack of air pollution monitoring equipment. This situation made it
impossible for the Environmental Council of Zambia to monitor and gather baseline
data essential for the formulation of emission standards.
Source: Environ-line: An Environmental Council of Zambia News letter, Vol. 1 No. 1 1996.
(i) Explain why it is difficult to monitor and control air pollution in Zambia.
(ii) Give suggestions on how air pollution can be controlled.
(iii) How can emission standards be established in Zambia.
Environmental Management
Since 1964, a number of legal instruments have been formulated on natural resource
conservation and pollution control. However, these legal instruments have been
formulated to address particular sectors such as land, forests, water, and wildlife.
Until 1992, when the Environmental Council of Zambia (ECZ) was established, there
was no umbrella legislation to co-ordinate various legislations in the different sectors.
This omission has had adverse effects on the co-ordination of various programmes in
the environmental sector by various players.
84
Education in learning Institutions
Ministry of Local Government Formulation of policy on infrastructure
and Housing (Councils). development
Development of human settlements.
Ministry of Environment Tourism Formulation of policy on matters of the
and Natural Resources. environment and natural resources
Formulation of policies and legislation on
tourism and wildlife management
Ministry of Lands Formulation of policies on land issues
85
The Zambia Forestry Commission
The Forest Department has been transformed into Zambia Forest Commission through
the 1999 Forest Act. Its responsibilities include:
86
Restrictions. Some pollutants are very toxic that even in small concentrations
can kill wildlife, domestic animals agricultural crops and even human beings.
In such cases, the government can restrict or abolish production of such a
harmful substance. For example, in 1984, 36 tonnes of methyl isocynate
(MIC) escaped in a cloud of mist and vapour at a Union Carbide chemical
plant, Bhopal in India. Exposure to MIC severely damages lungs and burns the
corneas of the eyes. Immediate deaths result from respiratory failure.
Qualified Restrictions. Some pollutants are not acute poisons such as sulphur
dioxide emitted by smelters on the Copperbelt. Sulphur dioxide is released
whenever fossil fuels are burned. It is harmful in many ways, but a small dose
is not lethal. In such a case, the government can permit specific emission
levels. If more is released than the permitted levels, the plant concerned can be
fined for violation of air pollution standards.
Other Measures
87
Principles of an Environmentally Friendly Policy
Other than sectoral legal instruments on the environment, Zambia is also a party to
several international conventions and agreements on the environment. The signing
and ratification of these conventions and agreements by the government is a clear
indication of the commitment and willingness to co-operate with other countries and
international organisations in the sustainable use and management of global resources.
As a signatory to these conventions and agreements, the country has had access to
international funding and capacity building in the environmental management sector.
For example, from Global Environmental Facility (GEF) and the United Nations
Environmental Programme (UNEP). Some of these conventions and agreements are
given below:
Exercise 6
Biodiversity
88
Biodiversity or biological diversity is a term used to describe a large variety and
variability of living things and the ecological environment in which they occur. There
is a large variety of micro-organisms, plants and animals all around us. A close
observation reveals that they all depend on each other.
Significance of biodiversity
b. Plants and animals are not only used as sources of food, but their products
are also used in construction or as raw materials in the processing and
manufacturing industries.
89
Threats to Biodiversity
Activity 4
1. Collect waste round your classroom. Sort out the waste either as biodegradable
or non-biodegradable substances. This activity has to be done after the lessons
end.
Management of Biodiversity
However, during the colonial period, indigenous land-use was replaced by European
or western land-use standards or practices. Land was alienated for national parks,
hunting reserves and forest reserves. It was also alienated for the protection of
endangered animal species and habitats. The new system excluded local knowledge
and value system in the management of biodiversity. After independence, the western
approach to the management of biodiversity has continued, but is gradually is
incorporating indigenous knowledge.
Zambia signed and ratified the Convention on Biological Diversity in 1992 and 1993
respectively. By ratifying this convention, Zambia committed itself to the
conservation of genetic species and ecosystem diversity in a sustainable manner and
to share equitably the benefits derived from the utilization of these resources.
90
c. Improvement of legal and institutional framework as well as human
resource development to implement strategies for conservation, sustainable
utilization as well as equitable sharing of benefits from biodiversity
management;
d. Development of an appropriate legal framework on the risks involved in
the use of Genetically Modified Organisms (GMOs). This is because
side-effects of GMOs are not yet well known.
Exercise 7
1. What is biological diversity?
2. What is the significance of biodiversity to human beings?
3. List down threats to biological diversity in Zambia.
4. Explain how biodiversity was maintained in traditional Zambian Society.
91
CHAPTER 6
GLOBAL ISSUES
By the end of this chapter you should be able to:
Define global issues and interdependence.
Analyse global interdependence.
Discuss Bilateral and Multilateral aid.
Explain debt crisis and debt relief.
Discuss the effects of debt crisis and debt relief on Zambia.
Discuss international trade.
Explain Millennium Development Goals (MDGs).
Analyse Zambia’s efforts towards the attainment of the Millennium
Development Goals.
Introduction
The word globalisation means making worldwide or extending to all parts of the
world. Globalisation, Global Economy, Global Village and Global Issues are
relatively new terminologies which have gained popular usage in the study of
economics and other social sciences. It is argued that as a result of rapid
developments in mass communication, transport systems and other areas of
technology, the world has ‘shrunk’ in size and it has become a “Global Village”
where all nations and peoples freely interact and depend on each other for survival
and progress. Therefore, the term ‘global issues’ refers to all those developments and
problems which affect the welfare of people in all nations. They include issues such
as Human Rights and Good Governance, War and Peace, the World Refugee Crisis,
the World Debt Crisis, the World Energy Crisis, International Trade, Global
Warming, HIV/AIDS, the Bird Flu outbreak, Terrorism and Global Credit Crunch.
Global Interdependence
Interdependence also means that each nation’s welfare depends on goods and services
offered by other countries. For instance, the developed countries of North America
and Western Europe depend on some of the industrial raw materials from the Third
World Countries. On the other hand, Third World Countries depend on some of the
developed countries for marketing their raw materials and for products such as
industrial machinery, motor vehicles, computers, and electrical appliances.
92
Exercise 1
Foreign Aid.
Foreign Aid refers to the international transfer of funds, goods and services in form of
loans and grants from one country to another. There are two types of foreign aid.
These are Bilateral and Multilateral aid:
Bilateral Aid: is assistance from one country to another. For instance, Zambia
receives aid from Swedish International Development Agency (SIDA), Japan
International Co-operation Agency (JICA), Finnish International Development
Agency (FINNIDA), United States Agency for International Development
(USAID) and from Irish Aid.
Bilateral and Multilateral aid usually comes in form of grants and loans. The grants
and loans may come in form of financial assistance, capital goods (like machinery),
relief food, or technical expertise (skilled labour).
Loans: refer to transfers of funds, goods and services from one financial entity
to another which must be repaid, usually with interest. A hard loan refers to a
loan given at a high rate of interest. A soft loan is a loan given at a low rate of
interest or on which is repaid without any interest at all.
Tied Aid: refers to loans and grants which have “strings” or stipulated
conditions of use. For instance, the recipient country may be required to spend
the loan on a specified project or to allow the donor country to build military
bases in the recipient country.
93
The World Bank is also known as the International Bank for Reconstruction
and Development (IBRD). It is a Multilateral financial institution with its
Headquarters in Washington DC (United States). The World Bank consists of
four affiliate institutions. These are: the International Development
Association (IDA), the International Finance Corporation (IFC), the
Multilateral Investment Guarantee Agency (MIGA), and the International
Centre for Settlement of Investment Disputes (ICSID). The World Bank
operates mainly with funds from Member States. It is one of the World’s
largest sources of development aid, and offers two types of loans:
Arguments for
94
facing chronic food supply problems, and hence it alleviates famine and death
from malnutrition.
Foreign aid promotes international co-operation between the donor and the
recipient countries.
Arguments against
Loans and Grants “Tied to the Donor” have to be spent on buying goods and
services from the donor country. Very often, these goods and services are
more expensive and of lower quality than those from other sources, otherwise
there would be no need to “tie” the aid.
Loans and Grants “Tied to Projects” can only be spent by the recipient country
on projects agreed upon with the donor country. Therefore, tied aid
undermines the economic and political independence of the recipient nation.
Profits from foreign investments are usually externalised, and rarely re-
invested in the recipient nation.
Loans must be repaid with interest, and the larger the loan, the larger the debt
service burden. This has led to the worsening of the debt burden in the Third
World Countries. On the other hand, the repayment of high interest on loans
enriches the donors. Therefore, “foreign aid” tends to make the rich countries
richer, and the poor ones poorer.
Food-aid may worsen food shortages as it tends to reduce food prices, hence
killing the food market for farmers in the recipient country, which may in turn
cause a reduction in domestic food production. Food aid (Relief Food) may
also kill the local agriculture sector by encouraging laziness and creating a
dependency syndrome, hence undermining self-reliance initiatives.
Food-aid is also often given as tied-aid and the food aid contracts may require
the receiving country to purchase certain goods from the donor country, or to
support the donor country in foreign policy.
95
(b) Define “tied aid” . What are its disadvantages?
(c) What reasons may make a country not accept tied aid? Support your answer.
(d) Summarise the arguments for, and against foreign aid in a table below. Copy
the table into your exercise book. You can add any other arguments for, or
against.
Activity 1
International Trade
Types of Trade
Trade is the selling and buying of goods and services. There are two types of trade.
These are, Internal Trade and External Trade. Internal Trade is also known as Home
or Domestic Trade. External Trade is also known as Foreign Trade or International
Trade. This refers to the buying and selling of goods and services between two or
more countries.
Nations, like individuals, engage in trade for various reasons. The following are some
of them:
Specialisation: No country can produce all the goods and services it requires.
Each country specialises in a given line of industries where it is most efficient.
Surplus products must then be sold to other countries to pay for other goods
and services. It may also be worthwhile for two countries to specialise and
trade with each other if each has a definite and clear cut advantage in
production of a particular commodity. In economics, this is known as having a
96
comparative cost advantage. This takes place if the average costs of producing
a particular commodity in one country are comparatively lower than in
another. For instance, it may be cheaper for Zambia to import coal from
Zimbabwe than to extract coal from Maamba mine.
Earn foreign exchange: Trade is one way of increasing one’s own wealth
through profit making. Very often, a nation may still sell some of its products
like grain, even when it does not have a domestic surplus in order to earn
foreign exchange which is required to pay for other essential imports.
Terms of Trade:
Terms of trade means the rate at which a nation’s exports are exchanged for imports
from another nation. For instance, the rate at which British tractors are exchanged for
Zambian Copper, that is how many tonnes of copper are required to pay for one
tractor. The terms of trade depend on the prices of commodities on the International
Market.
Favourable Terms of Trade means the prices for your country’s exports are relatively
higher than the prices for its imports. Unfavourable Terms of Trade means the prices
for your country’s exports are relatively lower than the prices for prices of imports.
Zambia has had unfavourable terms of trade since the late 1970’s as a result of falling
copper prices and rising prices of imports such as oil and machinery.
Balance of Trade
Balance of Trade is the difference between the value of visible imports and exports
over a particular period. For example, If the value of Zambia’s visible imports is equal
to her visible exports we say that Trade Is Balanced. However, this rarely happens in
a real life situation. Favourable Balance of Trade is when the value of your country’s
97
visible exports exceeds the value of its visible imports. This is also known as a Trade
Surplus. Unfavourable Balance of Trade occurs when the value of goods imported
exceeds the value of goods exported. This is referred to as a Trade deficit. It is
important to note that Balance of Trade only records the value of visible goods such
as raw materials, capital goods like factory machinery, and consumer goods like food
stuffs.
Balance of payments
International trade is conducted in foreign currency. For example, when Zambia buys
goods and services from abroad, she pays for them in foreign currency. When Zambia
exports, she earns foreign currency.
Trade between countries is regulated by the World Trade Organisation (WTO). This
is an international body dealing with the global rules of trade between nations.
The WTO was established in 1995 to replace the General Agreement on Tariffs and
Trade (GATT) of 1947. The WTO is not a specialised agency of the United Nations,
but it has cooperation arrangements and works closely with the UN.
98
Principles of the WTO
Free trade: there should be free trade and all trade barriers should be reduced
through negotiations.
Special privileges for the less developed countries: The trading system
should be more beneficial for less developed countries (LDCs). This is done
by giving them more time to adjust to international rules of trade.
The WTO has 146 member countries and its Headquarters are in Geneva,
Switzerland. The WTO organs include the Council of Ministers (of Commerce) which
meets every two years; the General Council, which meets six times a year; Sector
Councils and several Committees.
The WTO is often referred to as “a club for the rich” by its critics. Decisions made by
the WTO are still strongly influenced and guided by the interests of the developed
countries such as the United States and the European Union countries. The WTO
believes that decisions should be made democratically and by consensus, but in
practice less developed countries are often not given an equal platform to negotiate
and defend their trade interests.
Exercise 3
99
(f) Do you think the ‘principles’ of the WTO are fair or unfair to Less Develops
Countries such as Zambia? Give reasons for your answer.
Globalisation and dependence on foreign aid have resulted in a debt crisis in the Third
World Countries. At the end of 2004, Zambia owed 6.5 billion US dollars in external
debt, mainly, to multilateral lenders like the IMF and the World Bank (57%), and
bilateral lenders such as Britain, USA and Japan (35%). The rest was owed to private
commercial lenders. The increase of debt in Third World countries is a result of
various factors such as the following:
Hence Third World Countries are calling for a New World Order where
international trade and globalisation will benefit many nations, not only a few.
Debt Servicing: There are two aspects to a loan. One is that interest has
usually to be paid on it. The second is that the loan has to be repaid. The
process of paying interest on outstanding loans is known as debt servicing.
Debt servicing has worsened the debt burden in Third World Countries as they
often have to obtain new loans to service old loans. In 2004 Zambia required
about 377 million US dollars to be spent on debt servicing, compared with 221
million US dollars spent on education in the same year. Infact, between 1990
and 2000 Zambia had been spending about 20% of her GDP on debt servicing.
In the case of Zambia, the debt crisis was worsened by two other factors.
These were the fall in copper prices in the 1970’s and 1980s and the Southern
African liberation wars. Earnings on copper exports were falling, yet spending
on oil, machinery and other imports were increasing. In addition, as a result of
the liberation wars, Zambia had to spend a lot of money on her defence forces,
repairing destroyed infrastructure, hosting refugees and freedom fighters, and
finding alternative routes for her exports and imports. As a result of all these
factors, Zambia had a very unfavourable balance of payments since the late
1970’s and her debt burden was increasing sharply.
Debt Relief and the Heavily Indebted Poor Countries (HIPC) Initiative
100
Since the year 2000 Zambia has tried to reduce her debt burden through the HIPC
initiative. The Heavily Indebted Poor Countries (HIPC) initiative was introduced by
the international donor (Creditor) Community in 1996 and it was revised in 1999. The
World Bank and the IMF were given the responsibility to oversee its implementation.
The objectives of the HIPC initiative were to:-
Reduce the huge debt burden of the world’s Heavily Indebted Poor Countries
to sustainable levels, that is, to levels where these countries would manage to
continue repaying debts without defaulting in payments.
Provide funds for poverty reduction in form of debt relief (reduction in debt
service payments). This means, funds saved as a result of reductions (relief) in
debt service payments would be used to finance Poverty Reduction
Programmes (PRP).
Zambia qualified to the HIPC initiative in December 2000 and was awarded a total
debt relief package of 3.8 billion US dollars. This debt relief money was going to be
written off by her creditors after reaching the HIPC Completion Point.
The following were some of the conditions or benchmarks Zambia was required to
implement in order to attain the HIPC completion point:
Poverty Reduction
- adopt the Poverty Reduction Strategic Paper (PRSP)
- Present the 1st PRSP Progress Report.
- Improve Poverty Database.
Education Sector
101
- Implement Education Sector Reform.
- Increase share of education in the budget to 23%
- Restructure the pay and benefits of teachers to encourage teachers to
work in rural areas.
- Reform the Basic Education Curriculum to improve literacy, numeracy
and communication skills.
Health Sector
- Adopt a strategic framework for HIV/AIDS.
- Implement the strategic framework for HIV/AIDS.
- Implement and scale up the Action Plan for Malaria Control.
- Implement Health Sector Reform.
Macro-economic
Finalise the privatisation of the Zambia Electricity Supply Corporation
(ZESCO), the Zambia National Commercial Bank (ZANACO) and other state
enterprises.
Water sub-Sector
- Rehabilitate urban water supply systems.
Zambia had to struggle for five years (2000 – 2005) to reach the HIPC Completion
Point. In December, 2003 Zambia could not reach the Completion Point because the
government had overspent. This forced the government to freeze wages and appeal to
civil servants and ordinary Zambians to sacrifice in order for the country to reach the
HIPC Completion Point. The country finally reached the HIPC Completion Point in
April 2005. Besides Zambia, other countries that have already reached the completion
point among the nineteen HIPC members include Benin, Bolivia, Burkina Faso,
Ethiopia, Ghana, Guyana, Honduras, Madagascar, Mali, Niger, Rwanda, Senegal,
Tanzania and Uganda.
Reduced External Debt Payment Levels: If Zambia had not qualified for the
HIPC initiative in December 2000, she would have been paying 450 million to
650 million US dollars per year as debt payment. The HIPC initiative has
reduced this burden to an average of 100 million to 150 million US dollars per
year. Over the 2006 – 2014 period, debt service savings will average 66
million US dollars per year with a peak at 114 million US dollars in 1910.
102
This has given Zambia a breathing space (a relief or enough time to pay the
debt).
Reduction in the Total Debt Stock: After reaching the HIPC Completion
Point it is expected that the total outstanding debt stock will gradually be
extinguished.
Uganda was forced to go into unsustainable levels of debt in the past because
of continued borrowing after reaching the HIPC Completion Point. This may
happen to Zambia if the cost of imports continue to rise as compared to export
earnings. In addition, the government has continued to borrow money from
various sources such as China and India, to meet her development challenges.
There is a general fear that debt relief resources might be misused by some
government officials. In the past, cases of misuse of HIPC relief funds were
common. This may happen again unless measures are put in place to monitor
the use of relief funds.
The implementation of HIPC initiative conditions (like SAPs) have meant that
the government is actually implementing economic policies and reforms
imposed by the international donor community. The government has little say
on how these structural and economic reforms should be implemented to meet
the real needs of the nation. This undermines the country’s national
sovereignty.
Exercise 4
Over the years the Zambian government has tried different ways of dealing with her
debt crisis.
In 1987 President Kaunda simply stopped meeting the agreed debt servicing, arguing
that it was not in the interests of the people of the country. That didn’t please the
creditors, and for the next few years Zambia was isolated , little or no funds at all
were flowing into the country. The government backed down in 1989, and ever since it
has been meeting its regular debt servicing and hoping for some better deals;
renegotiation, partial cancellation schemes, rescheduling arrangements, and now the
HIPC Initiative. Under the HIPC Initiative, Zambia will receive a debt relief of 3.8
billion US dollars delivered over a period of 20 years starting in 2001.
103
(a) Explain the following terms:
(i) debt crisis
(ii) debt servicing
(iii) debt relief
(iv) debt rescheduling and
(v) partial debt cancellation.
(c) Would you support former President Kaunda’s decision to stop all debt
repayments to the international donor community? Give reasons for your
answer.
(d) For what reasons might a country decide to continue borrowing money even
though its heavy debt burden has been pardoned?
(e) Suggests what should be done to ensure that Zambia does not fall into another
debt crisis after reaching the HIPC Completion Point.
The Millennium Development Goals (MDGs) are eight global development targets
agreed upon by World leaders at the United Nations Millennium Summit in
September 2000. The Summit’s Millennium Declaration bind all the 189 UN member
states to achieve these eight goals by the year 2015.
2. Achieve Universal Primary Education: By 2015 ensure that all boys and
girls complete primary school education.
3. Promote Gender Equality and Empower Women: Eliminate the gender gap
in Primary and Secondary School enrolment preferably by 2005 and at all
levels by 2015.
4. Reduce Child Mortality: By 2015 reduce the mortality rate among children
under five by two thirds.
5. Improve Maternal Health: By 2015 reduce by three quarters the ratio of
women dying in childbirth.
6. Combat HIV/AIDS, Malaria and Other Diseases: By 2015 stop and begin
to reverse the spread of HIV/AIDS and the incidence of malaria and other
major diseases.
104
7. Ensure Environmental Sustainability: By 2015 integrate the principles of
sustainable development into country policies and programmes and reverse the
loss of environmental resources, for example, forests. By 2015 reduce by half
the proportion of people without access to safe drinking water. And by 2020
achieve significant improvement in the lives of at least 100 million slum
(shanty compound) dwellers world-wide.
It is important to remember that although the MDGs were agreed upon at the UN, the
achievement of these developmental targets has to be accomplished at country level.
2. Design a set of posters on MDGs for displaying around the school and the
local community as an awareness campaign on the meaning and the
importance of MDGs.
105
5
6
7
8
9
Grand Totals
REFERENCE
1. Mwale S. Zambia’s Economic Social and Cultural Rights. Why should they be in the New Constitution? (Research
Report) Jesuit Centre for Theological Reflections, Lusaka, 2004.
2. The Constitution of the Republic of Zambia, 1996.
3. http//www. Ochpc. Org/enylksh/-inf/charter – en. Html. African Commission on Human and People’s Rights/African
Charter on Human and Peoples’ Rights 2005.
4. Chanda A. W. The National Bill of Rights: Constitution of Zambia. Presentation paper on Human Rights Law
Workshop, ZIALE, 2002.
5. Daka Thandiwe. Regional Systems of Protection of Human Rights: Presentation Paper at Human Rights and ILO
Course, ZIALE, 2003.
6. Family Law and Violence Against Women, published by the Social Welfare Department, Republic of South Africa
7. Chapter 160-219 of the Laws of Zambia (Criminal Procedure Code), Volume, IV, published by the Government
Printers Department of Zambia.
8. Chapters 24 – 28 (Judicature Administration Act, Supreme Court of Zambia Act, Supreme Court and High Court Act,
High Court Act, Subordinate Courts Act) of the Laws of Zambia, Volume 3, 1995 Edition, published by the
Government Printers Department of Zambia.
9. Paralegal Training Manual, published by the Paralegal Training Alliance Network of Zambia.
10. The Juveniles Act, Chapter 53 of the Laws of Zambia, published by the Government Printers Department of Zambia.
11. The LRF News, published by the Legal Resources Foundation of Zambia, Issue Number 14(December 1999 –
February 2000),
Issue Number 25 - April 2001, Issue Number 33 (November 2001),
Issue Number 36(February 2002), Issue Number 60(March 2004),
Issue number 69(December 2004), Issue Number 70(January 2005),
Issue Number 71(February 2005), Issue Number 72(March 2005).
12. Sara Boulton etal (2001) - Poverty Bridging the Gap. Department for International Development London, UK.
13. Eliminating World Poverty: A Challenge for the 21st Century. (1997) The Stationery Office Ltd. London.
14. Rene Bonnel etal (2004) Poverty Reduction Strategy Papers – Do they matter for children and young people made
vulnerable by HIV AIDS? World Bank, Washington.
15. The Path Away from Poverty. An Easy Look at Zambia’s Poverty Reduction Strategy Paper 2002 – 2004, Civil
Society for Poverty Reduction, Lusaka.
16. Onek Adyanga etal (1994) Toward A Moral Economy. Responses to Poverty in the North and South Imprimerie
Falcon Inc, Toronto.
17. Stanley Thornes etal (2000) Social Policy & Welfare, Stanely Thornes (Publishers Ltd, Chelitenham, UK.
18. John I. Milimo etal. Who would Ever listen to the Poor? The Poor of Zambia Speak. Zambia Social, Investment Fund
Lusaka, Zambia.
19. Issue No. 29 –2001 – Economic Justice Bulletin – Moral Concerns in the Fight Against Poverty Justice & Peace
Department Lusaka.
20. National Food Security Research Report (2000) Economic Justice Unit, Catholic Secretariat.
21. “ Shahid Javed Burki etal (1996) Poverty & Inequality, the International Bank for Reconstruction & Development, the
World Bank. Washington D.C.”
22. Environmental Studies Programme: 1996, Nairobi
23. Effective Global Environmental Protection: World Federalist Association, 2003, Washington DC.
24. Environmental Council of Zambia, (2001) “The State of the Environment 2000, Lusaka.
25. Government of the Republic of Zambia, “Environmental Protection and Pollution Control Act 1999, Government
Printers, Lusaka.
26. Ministry of Environment and Natural Resources, “Biodiversity Strategy and Action Plan for Zambia, 1999, Lusaka.
27. Laurent, Jeffrey and Francesca, One Earth, Many Nations, United Nations Association and the Sierra Club, 1990,
New York.
28. Environmental Education Module: Global Change, UNESCO – UNEP International Environmental Education
Programme, 1990, Paris.
29. Lee R. (1992) The Environmental Challenge, UNESCO Courier, January, 22 – 24.
30. Nadakavukaren, A. (1986) Man and Environment: A Health Perspective. Prospect Heights, Waveland Press.
106