THE REPUBLIC OF ZAMBIA

THE MINISTRY OF EDUCATION

ZAMBIA HIGH SCHOOL

CIVIC EDUCATION COURSE

GRADE 12

LEARNER’S BOOK

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 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

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 CHAPTER 1
THE ZAMBIA BILL OF RIGHTS

By the end of this chapter you should be able to:

 define the Bill of Rights.
 outline elements of the Bill of Rights in the Zambian Constitution.
 analyse the Limitations of the Bill of Rights
 describe ways of enforcing the Zambian Bill of Rights.
 discuss the promotion of Human Rights in Zambia.
 discuss the provisions of the African Charter on Human and peoples Rights.
 explain the Supervisory Mechanisms of the African Charter on Human and
People’s Rights.

The National Bill of Rights

The Bill of Rights is a list of fundamental rights and freedoms covered in Part III of
the Constitution of Zambia which is the Supreme Law of the Land. This is the
country’s main instrument of protecting the rights and freedoms of the individual. The
Bill of Rights in Zambia is entrenched in the Constitution and hence cannot be easily
amended because of the strict amendment requirements. It can only be amended after
a national referendum in which not less than two thirds or 50% of the eligible voters
vote in favour of the amendment.

The Constitutional Provisions in the Bill of Rights largely reflect provisions contained
in the International Bill of Rights such as:-

 The Universal Declaration of Human Rights (UDHR).

 The International Convention on Economic, Social and Cultural Rights
(ICESCR).
 The International Convention on Cultural and Political Rights (ICCPR).
 The two optional protocols.

As a member of the International Community, Zambia committed herself to

respecting human rights by acceding to the International Convention on Economic,
Social and Cultural Rights (ICESR) and the International Convention on Civil and
Political Rights (ICCPR). She also ratified various international conventions such as
the Convention on the Elimination of all forms of Discrimination Against Women
(CEDAW), Convention on the Rights of the Child (CRC) Convention on the
Elimination of all forms of Racial Discrimination (CERD) and the Convention
Against Torture and other Cruel and Degrading Treatment or Punishment (CAT).

Brief History of Zambia’s Bill of Rights

Zambia has had a Bill of Rights since 1964. It’s history is outlined as follows:

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  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.

 The 1972 Chona Commission recommended the introduction of One Party

Participatory Democracy which was effected the following year in 1973. This
amendment in the Independence Constitution limited the enjoyment of the
rights and freedoms of individuals.

 The 1991 Mvunga Commission recommended the re-introduction of Multi-

Party Democracy in Zambia with an inclusion of the children’s rights for the
first time.

 The 1996 Mwanakatwe Commission also made a few amendments to the

1991 Constitution. However, the Bill of Rights was left intact.

Exercise 1

(a) Explain the Bill of Rights.

(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:

 Article 12: Protection of right to Life

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.

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 Furthermore, it places obligation on both the state and the individual to ensure
protection of life.

 Article 13: Protection of the right to personal liberty

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.

 Article 14: the right to protection and forced labour

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 -:

- when hard labour is executed as punishment for a crime by the courts

of law.
- during normal civic obligations like compulsory military training or
national service.

 Article 15: Protection from torture, inhuman or degrading treatment or

punishment

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.

 Article 16: Protection from deprivation of property

The constitution makes a provision for protection from deprivation of property

except in cases permitted by law under the following circumstances:
- failure to pay tax, rate or due and
- any other penalty for breach of any law either under civil process or
after conviction an offence.

 Article 17: protection for privacy of home and other property

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.

 Article 18 : provision to secure protection of the 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:-

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 - independent and impartial court.
- presumption of innocence until proven guilty.
- language interpretation.
- legal representation.

 Article 19: Protection of freedom of conscience

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.

 Article 20: Protection of freedom of expression

Individuals or groups have guaranteed freedoms to:

- hold opinions without interference.
- receive ideas and information without interference.
- impart and communicate ideas and information without interference.
- exchange information through correspondence without interference.

 Article 21: Protection of freedom of assembly and association

Under this article, every citizen has a right to:

- assemble freely and associate with others.
- form or belong to any political party, trade union or other association
for the protection of one’s interest.

 Article 22: Protection of freedom of movement

This article guarantees freedom to:-

- move freely throughout Zambia.
- reside in any part of Zambia.
- leave Zambia and to return to Zambia any time.

However, the right to freedom of movement may be limited under a state of

emergence and to a person serving a sentence of imprisonment.

 Article 23: Protection from discrimination

The article provides for protection from discrimination on grounds of race,

ethnicity, sex, place of origin, marital status, political opinion, colour, creed or
belief. Under this article, no one is allowed to discriminate another person or
group of people, whether privately or when carrying out public duties.

 Article 24: Protection of young persons from exploitation

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.

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 - ensures protection from physical ill treatment of all forms of neglect,
cruelty and exploitation.
- Prohibits the trafficking of young persons.

 Article 25: derogation from fundamental rights and detention

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.

 Article 27: Special Tribunal to Report on Legislation

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.

For a request concerning a statutory instrument, it must be delivered to the

relevant authority within fourteen days of the publication of the instrument in
the gazette.

 Article 28: Enforcement of Protective Provisions.

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.

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  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.

Limitations of the Bill of Rights

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

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 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.

 Article 16 on the right to protection from deprivation of property contains

about twenty six derogations which are extremely wide. For example, under
the Lands Acquisition Act, the President is empowered to compulsorily
acquire “property” of any description in the public interest. Similarly, the
Societies Act gives the Minister of Home Affairs or the Registrar of Societies
authority to cancel the registration of any society in the public interest. In
addition, under the State Proceedings Act, for instance, no injunction can be
issued against the state, nor can a Writ of Fieri Facias be issued against the
state.
Examples of other rights that have wide derogation clauses include:

- 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.

 Narrow Locus Standi

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.

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 Declaration of State of Emergency

According to Article 30 on the declaration of Public Emergency, the President

has powers to declare a State of Emergency in case of national disaster or any
other threat to national security. During this time, the state security wings are
given extensive unlimited powers to search and any persons. Thus, the rights
of those detained are not safeguarded. Other acts of Parliament that may have
similar effects are the Penal Code, the Public Order Act and the State Security
Act.

 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.

 Omission of Certain Categories of Rights

The missing categories include:-

- Women’s rights: The Bill of Rights has no provision on women’s rights; and
this has hampered their promotion and enhancement, as well as their
participation in national development.
- Children’s Rights: Despite the fact that Zambia signed the Convention on the
Rights of the Child, (CRC) the children’s rights are scantly covered in the Bill
of Rights.
- Rights of People with Special Needs
The protection of the rights of persons with special needs is not adequate.
Examples include the elderly, disabled, widows, orphans and those infected or
affected by HIV/AIDS. These people may continue to suffer discrimination
due to their vulnerable status.

- 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.

 Lack of guarantee to democratic rights

The constitution does not reflect a strong commitment to democracy or

representative government. Only a small fraction of the Zambian population
has power to authorise the constitution. Although the Bill of Rights is
enshrined in the Constitution, it does not guarantee everyone franchise or the
right to vote. For example, franchise is discriminatory to persons under
eighteen (18) years of age, the blind, prisoners and those abroad and not able
to travel back to vote on polling day.

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  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

The Bill of Rights is written in a highly technical language which is very

difficult for an ordinary person to understand. There is need for a provision of
guidelines on the interpretation of the information contained in the articles.

 Lack of domestication of International Instruments

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.

Fill in the information in the table appropriately

Derogable Provisions Non-Derogable Provisions

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 (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.

“Source Lusaka Star, February – March issue, 2006.

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

(c) Imagine the following scenario in Twachula township.

There is a general unrest in Twachula township due to riots prompted by the
rise of mealie-meal prices in all market places. One of the traders, Mr
Mwachiona, has been arrested and detained without trial. Prior to that, his
house has been searched with property seized without proper reasons. In
addition, two people have lost their lives in this incident.

Answer the following question:-

(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.

Ways of Enforcing the Bill of Rights

The Judiciary arm of the government is the main mechanism for the protection and
enforcement of the rights and freedoms outlined in the Bill of Rights. Article 28 of the
constitution provides a mechanism on how these rights and freedoms can be enforced
by the courts of law. Below are some of the ways of enforcing the Bill of Rights:

 All communications involving constitutional disputes should be taken to the

High Court. Therefore, a person who is aggrieved due to the violation of
his/her fundamental rights, can petition the High Court for redress. The High
Court is vested with jurisdiction to issue writs on lodged claims and to give
direction as it considers appropriate in securing the enforcement of any of the
provisions of articles 11 to 26. However, if a person is aggrieved by any
determination of the High Court, he/she may appeal to the highest court of
appeal which is the Supreme Court provided the case is not frivolous or
vexatious.

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  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 office of the Investigator General, who is also known as an Ombudsman,

equally enforces human rights claims. The Investigator General is the
Chairperson of the Commission for Investigations. Any person is free to write
to the Investigator General to lodge complaints about human rights violations.
The commission carries out investigations on peoples’ complaints about
corruption and other cases of abuses and violations of human rights in the
Civil Service. When the truth is established, the Investigator General gives
advice to either the Police or courts to take action.

 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

(a) Draw an “equality wheel” like the one shown below:

COUNTRY
EQUALITY

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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.

(c) Discuss how the media monitors human rights in Zambia.

Promotion of Human Rights in Zambia

There are several government institutions and non-governmental organisations that
promote human rights in Zambia. Some examples include the following:-

 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 Anti-Corruption Commission is an autonomous government institution which

helps strengthen human rights through its fight against corruption. The Commission
undertakes investigations into any reported corruption cases which may also be
centred on human rights violations. In case of evidence being established, prosecution
follows. However, prosecution is subject to the Director of Public Prosecutions who
may decide to refer the case to court. Those convicted are either fined or imprisoned
for a specific period.

 Zambia Police Service

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.

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  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.

 Justice for Widows and Orphans Project (JWOP)

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:

- disseminate information on human rights to the general public to ensure

understanding of the importance of observing rights of the widows and
orphans.
- highlight violations of human rights committed in society in order to
help change negative attitude towards the vulnerable groups in society.

 The Law Association of Zambia (LAZ)

The Law Association of Zambia is a body of lawyers which is mandated to promote

human rights by developing law as an instrument of social justice. In addition, the
association’s objective is to encourage lawyers to offer legal aid and to secure
representation, especially for the disadvantaged members of society. LAZ also
promotes law reforms and closely works with other institutions and organisations in
discharging its duties.

 Legal Resources Foundation

The Legal Resources Foundation is a non-governmental organisations that promotes

human rights by providing legal advice and litigation for the vulnerable members of
society. This is done by either being consulted by those affected or as reference cases
from other organisations.

 National Legal Aid Clinic for Women

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.

 Society for Women and Aids in Zambia (SWAAZ)

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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.

 Young Women Christian Association

The Young Women Christian Association (YWCA) of Zambia, is a faith based

organisation (FBO) which is dedicated towards uplifting the standards of life of
women and children. Its objectives are to:-

- promote women’s rights.

- advocate for children’s rights.
- provide economic empowerment of the less privileged by training them in
income generating skills.

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.

 Zambia Civic Education Association (ZCEA)

The Zambia Civic Education Association is another non-governmental organisation

which promotes especially human rights. The organisation offers legal advice to
vulnerable groups in society, especially the children. It conducts civic education
programmes on the promotion and protection of children’s rights through the
Children’s Rights Clubs (CRC).

 Amnesty International (AI)

Amnesty International is a world wide self-governing movement of people whose aim

is to campaign for internationally recognised human rights. This movement is
independent of any government, political ideology economic interest or religion. This
means that it does not support or oppose any government or political system as it’s
primary concern is to impartially protect the human rights of affected individuals.

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

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 (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 on Human and People’s Rights

A preliminary draft on the establishment of the African Charter on human and
Peoples’ Rights was prepared at an Organisation of African Unity (OAU) session held
in Monrovia, Liberia, in July, 1979. the African Charter on Human and Peoples’
Rights which was adopted under the auspices of the OAU was subsequently
established in 1981. It came into force in October, 1986.

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.

The African Charter therefore:

 proclaims both rights and duties.

 codifies and emphasises on individuals as well as people’s or group rights.
 guarantees civil and political rights as well as economic, social and cultural
rights and group rights.
 permits the state parties to impose restrictions and limitations on the exercise
of guaranteed rights.

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).

Individual Rights among others include:

 Equality
 Integrity of the persons
 The right to legal defence
 Freedom of belief and religion
 Freedom of movement, association or assembly
 Right to seek asylum

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  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.

The Charter is duty bound to ensure that:-

 The rights and freedoms of individuals and groups shall be exercised with due
regard to the rights of other people.
 African cultural values are preserved and strengthened in relation with other
members of society in the spirit of tolerance, dialogue and consultation in
order to promote a moral society.

State Obligations

State Parties are obliged to:-

 recognise the rights enshrined in the Charter.
 adopt legislative and other measures for their effectiveness.
 submit state reports on legislature and other measures.
 undertake human rights training and awareness programmes.
 ensure independence of the Judiciary.
 establish national institutions to promote and protect human rights.

Supervisory Mechanism of The Charter

The African Commission on Human and Peoples Rights (ACHPR)

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 guided by the International Law on Human and People’s

Rights in relation to the following provisions:-
- Various African instruments on Human and Peoples Rights.
- The charter of the United Nations.
- The Universal Declaration of Human Rights.
- Other Instruments on Human and Peoples’ Rights adopted by the United
Nations and by African States.
 The Commission shall determine principles of Law, setting standards of
African practices consistent with international norms on human and people’s
rights and customs generally accepted as law by African States.
 Each State Party shall undertake to submit a report on legislation or other
measures taken. This is to ensure the implementation of the rights and
freedoms recognised and guaranteed by the Charter.
 The Charter shall be open to signature, ratification or adherence by the
member states of the African Union.

The Human Rights Commission (HRC)

The Human Rights Commission was established by an Act of Parliament No. 39 of

1996. It came into force in May, 1997. The aim was to revisit Zambia’s human rights
record in order to promote positive Human Rights Culture in the country. The
Commission is an autonomous body which is not subject to direction or control of any
person or authority when discharging its duties.

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.

Functions of the Commission

The functions of the Human Rights Commission are to:-

 Investigate human rights violations.
 Investigate any maladministration of justice.
 Propose effective measures to prevent human rights abuses.
 Visit prisons and places of detention or related facilities with a view to
assessing and inspecting conditions of the prisoners or detainees held in such
places and make recommendations to redress existing problems.
 Establish a continuous programme of research, education, information and
rehabilitation of victims of human rights abuse to enhance the respect for and
protection of human rights.

Powers

The commission has powers to:-

 Investigate any human rights abuses on its initiative or on receiving
complaints or allegations under its Act by:
- an aggrieved person acting in their own interest.
- a person acting on behalf of an aggrieved person.
- a person acting on behalf of and in the interest of a group or class of
persons.
- an association acting in the interests of its members.
 Issue summons or orders requiring attendance of any person relevant to any
investigations by the Commission.
 Produce any documents relevant to the Commission.
 Question any person in respect of any subject matter under investigations
before the commission.
 Recommend to courts of law prosecution of any person found by the
Commission to have perpetuated abuse of human rights.

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

Death row inmates figure swells

The number of inmates on death row in Zambia has swelled to over 200
because of cumbersome judicial procedures involved before executions can
be carried out, Home Affairs Minister Peter Machungwa has said.
Dr. Machungwa said a section of Mukobeko maximum prison which was
built to accommodate 48 condemned prisoners had been filled beyond
capacity.
He said prison authorities only executed a prisoner after all judicial
requirements were satisfied.
“ The system is over-crowded. There are more people on death row now
than we can hold.” Dr. Machungwa said.
He said long judicial procedures had contributed to the swelling number of
inmates as it took time for sentences to be confirmed by authorities before
any executions could be carried out.
“The Supreme Court has to confirm a High Court decision to hand
somebody a death sentence. Then a prerogative of mercy committee chaired
by the Vice – President has to meet before the President can approve. It is
only then that a person can be hanged.” Dr Machungwa said.
Dr Machungwa said current prison facilities for death row inmates were
inadequate as they were built when the country’s population was lower.

Since 1980, Mukobeko prison has executed 40 condemned prisoners.

In 1982 only one condemned prisoner was executed while in 1984. 10 were
hanged.

A total of 11 prisoners went to the gallows in 1985 and 18 were hanged in

1989. In 1989 10 were executed on January 27, six on June 23 and the last
two were hanged on November, 24. Former Prisons Service spokesman, the
late Augustine Phiri, dismissed reports that executioners used hammers to
finish off the prisoners.

Source: Sunday Times, 29th October, 2000

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.

Suggested Action Projects

(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)

UNIVERSAL DECLARATION OF AFRICAN CHARTER ON HUMAN AND

HUMAN RIGHTS PEOPLES’RIGHTS
Article 2: Article 2:
Everyone is equal despite differences in skin Each person is entitled to the rights and
colour, sex, religion, language, for example. freedoms in the Charter, no matter what
his/her race, tribe, colour, sex, language,
Article 4: religion, political or other opinion, national or
No one has the right to treat you as a slave social origin, fortune, birth or other status.
nor should you make anyone your slave.
Article 5:
Article 11: Each person has the right to respect for
Everyone should be considered innocent until his/her dignity and legal status. No form of
guilt is proved. exploitation or degradation is allowed,
especially not slavery, torture, inhuman or
Article 13: degrading punishment and treatment.
Everyone has the right to travel as they wish.
Article 7:
Article 14: Each person has the right to a fair hearing
Everyone has the right to go to another and a fair trial in a proper court. No one may
country and ask for protection if they are be punished until he/she is proved guilty of
being persecuted or are in danger of being breaking the law. No one may be punished
persecuted. for another person’s crime.

Article 17: Article 12:

Everyone has the right to own property and Each person has the right to move freely
possessions. inside and outside his/her country as long as
he/she follows the law. Any person may get
Article 20: lawful asylum in other countries if he/she is
Everyone has the right to take part in persecuted.
meetings and to join associations in a
peaceful way. Article 12:
Each person has the right to move freely
Article 23: inside and outside his/her country as long as
Everyone has the right to work for a fair he/she follows the law. Any person may get
wage in a safe environment and to join a lawful asylum in other countries if he/she is
trade union. persecuted.

Article 26: Article 14:

Everyone has the right to go to school Each person has the right to own property,
except when it is against the law because of
Article 28: public need or the general interest of the
Each person has the duty to respect others no community.
matter who they are.
Article 11:
Article 29: All people have the right to meet or assemble
Everyone must respect the rights of others, freely, as long as they do not break the law
the community and public property. and do not disturb the rights and freedoms of
others.

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

In Zambia there are four types of families:

 A nuclear family which is a group of persons consisting of a man, his wife,
or in case of customary marriages, his wives and their children.

 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.

Elements of Family Law

Elements of family Law are:

a. Marriage
b. Divorce
c. Property Settlement (Sharing)
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

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.

To enter into a civil marriage one has:

- Take out a Notice of Marriage – This is a notice of intention to marry,

made on a prescribed form to the registrar of marriages at the local
council offices. The notice will be published outside the registrar’s
office for 21days. There is one registrar in every district of Zambia. At
least one of the parties intending to marry should be resident within the
district registered under for at least 15 days before the marriage
ceremony. After 21 days, the marriage will be solemnised, meaning
celebrated, by a marriage registrar or a licensed church priest or a
pastor. The doors to the building where the marriage is being
celebrated should be open. If the ceremony has to take place elsewhere
other than a church building or the council offices, then a special
licence or arrangement has to be requested for from the appointed
marriage registrar. During the period of notice, any person can stop the
marriage if there is a good reason why the two people should not marry
by writing the word, ‘forbidden’ and giving reasons, in the Marriage
Notice Book. This should be done before the registrar issues a
Marriage Certificate. If there are no problems the marriage should be
registered within 3 months of the notice.

- Marriage Payments - In a statutory marriage no payment of marriage

payment or anything is required unless the individuals concerned just
want to observe the customary ritual of paying marriage payment. The
Marriage Act does not stipulate any payment of any kind. Most
Zambians intending to marry observe the traditional ritual of marriage
payment.

- 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.

- Relationship – The two should not be related to each other either by

blood or marriage. It is not important whether the relationship is of the
whole blood or half blood or whether it is traced through or to any
person born out of wedlock. These relationships which are prohibited
by law to enter into a marriage are known as prohibited degrees.

Table 1: Prohibited Degrees

Prohibited Degrees for a man Prohibited Degrees for a woman

The woman is or has been his wife’s The man is her ancestor
mother Her descendant
His wife’s grandmother Her brother
His wife’s daughter Her father’s brother
His wife’s son’s daughter Her mother’s brother
His wife’s daughter’s daughter Her brother’s son
His father’s wife Her sister’s son
His grandfather’s wife Her daughter’s husband
His granddaughter Her granddaughter’s husband
His daughter’s son’s wife Her grandmother’s husband
His sister’s daughter Her mother’s husband
His brother’s daughter Her husband’s daughter’s son
His mother’s sister Her husband’s son’s son
His father’s sister Her husband’s son
His sister Her husband’s grandfather
His descendant Her husband’s father
His ancestress

- Solemnisation of Marriage- This is when the actual wedding is performed

following the laid down ritual such as each of the parties publicly declaring
that he or she has agreed to wed the person that they are standing next to by
saying this aloud and mentioning all the names of the person. The rituals
also involve the undertaking of the vows done by both of the parties in front
of witnesses, the exchanging of the rings and the signing of the register. The
ceremony should take place in a room with open doors and between 08:00
hrs and 18:00 hrs. There should be at least two witnesses who will sign the
certificate and the marriage register, together with the official performing the
ceremony and the couple.

- The Marriage Certificate- This is the evidence of marriage and a copy of

which is kept by the registrar and another copy by the couple. The marriage
is also registered in a book kept at the Council which can be inspected by
anyone upon paying a search fee.

 Customary Marriage: This is marriage contracted under customary practices.

In a customary marriage a union may not be voluntary as it is in a civil

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.

The requirements in a customary marriage are:

- 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.

- Marriage Payment- There is always payment as recognition of the

marriage. This payment can be a token sum or a substantial amount
depending on the ethnic group. The payment is made by the bridegroom-
to- be to the family of the bride-to-be. The payment makes legal the
marriage and the children to be born out of the union.

- 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.

- Relationship- The persons intending to get married should not be closely

related by blood or through marriage. In some ethnic groups though,
cousins are encouraged to marry.

It is important to remember that customary marriage is governed by custom

and tradition. A customary marriage process is usually a series of ceremonies
resulting in the bride and bridegroom living together as husband and wife. It
can also be registered under the local court which as you learnt in grade 11
administers African customary law. The local court registrar will register and
issue a marriage certificate as long as there is the woman’s guardian or parent
to witness the registration. If the couple wishes they can then marry in church
which is registered under the Local Courts Act and the marriage will still be
treated as a customary marriage. It is possible to change from a Customary
Marriage to a Statutory Marriage but not vice versa.

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.

In most churches in Zambia a notice is given of the impeding marriage

through what are called Marriage Banns. Marriage banns are announcements
that are made in church of the intention of the couple to marry. During the
announcements Church members are asked to inform the church priest or
pastor in confidence if they know of any reason why the couple should not
marry. Church members are also requested to pray for the couple. The banns
are announced for a set period by the church. For example, in the Catholic
Church, the notice of intention to marry is for a period of 30days.

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.

 Cohabitation: Lately in Zambia especially in urban areas where there is a

mixing of different people from different ethnic groups living together, there is
a new type of ‘marriage’ that has emerged. This is a marriage where the
parties concerned decide to live together on their own without consent by their
parents or guardians and without following any of the rituals performed either
in a customary or civil marriage. After sometime society accepts and
recognises the couple as husband and wife and they may even have children
together and grandchildren. The wife may even call herself Mrs. ……
However, as long as the marriage is not formalised either in the Local Court or
the High Court, the marriage will not be recognised under the law and will be
referred to as a void marriage and the couple no matter how long they live
together, they will just be living together or cohabiting or mapoto in Tonga
and Lozi or ukubuta in Bemba.

 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:

- Lack of parental consent

- Non- publication of the banns in church
- If the man is under 21 years old
- If the female is under 21 years and above 16 years without the consent of
her parents or guardians
- If one party is already married under the Marriage Act at the time of
contracting the ‘marriage’
- Prohibited degrees of marriage which are relationships by blood in legal
terms known as consanguinity or by marriage which by law is called by
affinity

 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:

- If a child born is not the husband’s child

- If a spouse has contracted a sexually transmitted infection from elsewhere
not from the spouse
- If the marriage is not consummated due to impotence. Consummation in
marriage means making complete by having sexual intercourse.
Consummation is applicable to both Civil and Customary Marriages.
- Wilful refusal to consummate the marriage by any party
- Mental disorder of any of the parties

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

(a) True or False?

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.

a. A family is any group of people living together T F

b. A family where siblings look after each other is
called a child-headed family T F
c. The state recognises all marriages performed in
church T F
d. The ability to earn a living in a marriage is
a capacity T F
e. A family where there is just one parent and
children is a nuclear family T F
f. A marriage that takes place in a village observing
traditional norms is a customary marriage T F
g. You can stop a marriage taking place just by

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

(b) Table 2: Types of Marriages

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 ………………….

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 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.

 Divorce in a Customary Marriage

According to the Matrimonial Causes Act of 1973, a divorce under a customary

law will take place depending on the custom the couple were married under.
Some of the payments may have to be returned to the husband’s side. It is
expected under customary law that it is the man who divorces the wife and not
the other way round. Causes acceptable as grounds for divorce in a customary
marriage are:
- Adultery which does not need to be proved
- Cruelty
- Laziness on the part of the wife
- Bad relations with the in-laws
- Infertility

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 - 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.

 Divorce under Statutory Marriage

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.

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 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

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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.

Now my questions are, is it in order for a court of law to find me

guilty of causing pregnancy to someone who was my legal wife at
the time of pregnancy? Secondly, was the court right to threaten
me when I wanted to appeal against the ruling? Don’t I have the
right to appeal?

Yours truly Hamusankwa,Kabanana

Write to Hamusankwa answering his questions and advising him

on the next steps he should take.

Property Settlement (Sharing)

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.

Maintenance of spouse and children within and after marriage

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.

The following can claim maintenance:

 A child – from its affiliated father or legal parents
 A guardian, for example, a grandparent or an uncle can claim maintenance on
behalf of the child.
 A single woman from the affiliated father of her child
 A spouse from his or her partner whether divorced or not

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.

Case (e) Case (f)

Rosemary Chibwe Vs Austin Chibwe (Zambia Law Martha Mwiya Vs Alex Mwiya (Zambia Law
Reports, SCZ Appeal No 38/2000) Reports, Civil Case No. 1977/HPA/1)
Mr Chibwe sued his wife Mrs Chibwe for divorce Mr and Mrs Mwiya both Lozi by ethnicity had married
before the local court for, among other reasons, under Lozi customary law. They were granted divorce
unreasonable behaviour. The local court granted the at Mulobezi Local Court.
divorce.
Mrs Mwiya appealed to the Sesheke Magistrate Court
She appealed in a magistrate court saying that the local on the grounds that the Mulobezi Local Court did not
court did not address the question of maintenance and state why divorce was granted to her, that it was wrong
property adjustment. The magistrate court sat with for the court to grant divorce at the time she was ill and
Ushi customary law assessors and dismissed the appeal that the property bought during the marriage was not
as one without merit. shared between them. The senior Resident Magistrate
dismissed the appeal.
She further appealed to the High Court which ruled that
Mr Chibwe pay his ex wife a lump sum of K10,000,000 Mrs Mwiya appealed to the Livingstone High Court on
with interest. the grounds that under Lozi customary law property
acquired during the marriage should be shared between
Mr and Mrs Chibwe had married under Ushi customary the parties, a husband should support his divorced wife
law. According to Ushi customary law if a divorced throughout her life and the husband should be
woman found her husband with few properties and later compelled to take back his wife. The Livingstone High
he acquired more properties she was entitled to a Court Judge dismissed Mrs Mwiya’s appeal based on
reasonable share after divorce. Her argument was that

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.

i. List the similarities in both case studies?

ii. List the differences?
iii. Imagine you are a lawyer for Mrs. Mwiya, on what grounds would you appeal
if your client still wanted to appeal to the Supreme Court?
iv. Imagine you were the lawyer for Mr. Chibwe, what reasons would you have
given for not wanting to give her more than the ten million kwacha?
v. In making the ruling in the Chibwe Vs Chibwe, the Justice stated that,
‘Customary Law in Zambia is recognised by our Constitution provided its
application is not repugnant to any written law which ought to have been
invoked at the High Court level.’ Discuss this statement fully, giving examples
of what would be considered repugnant customary practices by the High
Court.
vi. Why do you think in both cases the learned judges did not concern themselves
with establishing who was wrong leading to the divorces in both marriages?
vii. In Watchel Vs Watchel a leading divorce case in English Law, Family Assets
were defined as. ‘items acquired by one or the other or both parties married
with intention that these should be continuing provision for them and the
children during their joint lives and should be for the use for the benefit of the
family as a whole. Family assets include those capital assets such as
matrimonial home, furniture and income generating assets such as
commercial properties.’ From your experiences of Zambian family life, do
you agree or disagree with this definition? Discuss giving reasons for your
answers.
viii. Maintenance orders are meant to be periodical payments to maintain either
children or the other party whereas property adjustment means allocation of
one or so properties among the family assets to provide for a divorced person.
Imagine that you are undergoing a divorce, which of the two settlements
would you prefer? Give reasons for your answer.

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.

Case (g) Case (h)

Divorced Wife Gets Property after ex-Husband’s I Will Sue you after DNA Test
Death
A man who was reported to Legal Resources
A Kapiri woman has won a court battle in which the Foundation for not maintaining his child has threatened
widow of her ex-husband denied her the right to get to sue the mother of the child if a DNA test revealed he
property given to her by a court after the divorce. was not the father.

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?

Custody of children after dissolution of marriage

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

The law does not allow adoption in the following circumstances:

 Adoption of a female infant by a male applicant on his own unless there

are special reasons for doing so
 Except in the case of a couple who are spouses, adoption will not be made
to more than one person to adopt the same infant. For instance, good
friends can not jointly adopt a child
 Adoption of an infant or child who already has parent (s) or guardian or
anybody providing maintenance to the child or infant unless with this
person’s or persons’ permission
 An application by one of a pair of a couple unless with the consent of both
partners. This means that a wife or husband can not apply to adopt an
infant on his/her own without the agreement of the other partner
The consent will not be asked from:
 A parent or guardian of a child or infant who has neglected or abandoned the
infant or child
 A parent or guardian who is supposed to be paying maintenance to the child or
infant but who has continuously not done this for a long period of time
 The person whose consent is needed can not be found or is incapable of giving
his or her consent or if the person is withholding the consent unreasonably

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

Succession when a death occurs in a family is usually defined by traditional norms

and customs of the ethnic group that the family belongs to. If the family belongs
to a matrilineal ethnic group then succession to traditional positions of the
deceased person will be through the mother’s line. For Example, the Bemba trace
their lineage through the mother, therefore, if a Bemba person with a traditional
position such as a chief or a headman dies, his sons are not eligible to succeed him
but one of his nephews would succeed him. In the case of the Ngoni, a person of
with a traditional position would be succeeded by one of his sons.

Inheritance of property

In modern days succession to positions previously occupied by deceased ancestors

are only confined to persons holding positions in traditional society and what
really matters is the inheritance of the deceased person’s estate which includes
property, chattels and money. In Zambia the inheritance of property is provided
for in the Testate and Intestate Succession Act.

 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 leave my bed and beddings to my daughter Misodzi.

The bicycle and wheelbarrow to my nephew Mabvuto.
The television and VCR to my grandson Tambwali.
All my clothes should be shared by my brothers Johnson and Jackson equally.
The money in my National Commercial Bank Account number 000001123409870 should be
shared equally between my daughter Misodzi and my son Masauso.
The lounge suite and all the household goods not yet mentioned will go to my son Masauso.

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.

The property is defined as a person’s items of clothing, articles of personal use

such as vehicles, bicycles, furniture, appliances, utensils, agricultural
equipment, books and money. If the deceased owned a house, the surviving
spouse and children will live in that house as common tenants. Absolute
owners of a deceased’s houses or a house are the children. The term ‘children’
in this instance is not confined to those that are 18 years and below but to all
children born of the person. The surviving spouse has either a life long interest
in the house or up to the time the person remarries. If the spouse remarries
then he or she should vacate the house. If the person had several houses, then
the children and spouse have a choice of houses to live in.

The Intestate Succession Act states that:

- 20% of the estate goes to the surviving spouse. If there is no surviving

spouse the 20% will be distributed to the children according to the
proportion of age and needs. Younger children will inherit more and
those children who are at higher learning institutions where a lot of
money is required. Where there is no spouse and no children, the 20%
will be given to the parents who will share 10% each. Where there is no
surviving spouse, children or parents, the share will go to dependants in
equal shares. Where a person dies without all the mentioned relatives,
then his or her estate will go to the near relatives such as brothers,
sisters, grandparents, cousins in equal shares. Where none of the
category of relatives mentioned exist the estate will go to the
government. In the event of a polygamous marriage the 20% will be
distributed between or among the surviving spouses depending on the
length of marriage and the contribution to the estate.
- 50% of the estate will be distributed to the children both in and outside
wedlock according to the age and needs of each child. Where there are
no children, the children’s 50% will be distributed equally among the
surviving spouse, dependants and the parents. If there are no parents the
50% will be distributed among the surviving spouse and the dependants
in equal proportion
- 20% will go to the parents or guardians. Where there are no parents or
guardians the 20% will be shared by the surviving spouse and children
equally.
- 10% will go to dependants in equal proportions. The dependants are the
persons who were living with the deceased prior to his or her death or
living outside the home but dependent on the deceased. Where there are
no dependants the portion for the dependants will be distributed equally

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.

Malita has come to you for legal advice.

i. Which law applies in this case?
ii. Advice her on her rights?
iii. Is the administrator supposed to share in the property? Give reasons for your
answer?

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?

(c) Media Watch

Draw the chart below in your exercise book.

44
 MEDIA SHEET

Newspaper or radio Indicate which If this problem What is your

details element of family went to court, opinion about
law is being written which court will this problem?
i. Name and Date of about handle the case?
Newspaper or If the type of
radio broadcast court is
ii. Article Headline mentioned in the
story why do you
think that, that
particular court is
handling it?

i. Track media (print or electronic) articles that have to do with family

issues. Use the stories you read or hear to complete the chart. Fill in as
many columns as you can manage.
ii. Once your chart is completed report your findings to the class.
iii. Discuss:
 Which sections of the newspapers or radio programme were most of
the stories featured?
 What did you learn about the reporting of stories to do with family
issues?
 What role, if any, do you think the media plays in promoting good
family values in society?

Victim Support Unit

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

(b) Developmental Compass Rose

(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

WHO DECIDES? ECONOMIC

Here discuss issues about power in families Here analyse the economic situation of
Who makes decisions and how? Zambian families. Issues of income,
poverty, Types of family businesses,
who makes economic choices in
families and entrepreneurship

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

Suggested Action Projects

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.

d) Write a lengthy feature on a couple that has undergone a divorce. Highlight

how and when things started going wrong, the decision to divorce, the
procedures they went through and how they are facing life without partners.

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.

f) Invite a traditionalist who has facilitated or facilitates marriages such as a

nachimbusa or an alangizi, or a shibukombe (go-between marriage negotiator)
to come and give talks on customary marriages.

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

A plan is an intention or a set of suggestions aimed at achieving set goals in future. It

helps people to organise and form their economic activities. Planning is an organised
attempt to select the best available alternatives to achieve specific goals, either
economic, social or political. Planning can be done by looking at the past and the
present in order to predict the future trend.

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

The main purpose of development planning is to move towards self sustaining

growth, such as having enough trained manpower, raising the percentage of national
income and improving management of natural resources. Therefore, a good
development plan will include information on:

 current economic conditions, especially national income, productivity, foreign

trade and trends in each major industry.
 the current social situation, especially population changes, education, health,
housing and social security.

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.

Zambia’s National Development Plans

From 1964 to 1991, Zambia had The Emergency Development Plan (EDP), The
National Transitional Development Plan (NTDP) and five National Development
Plans:

 The Emergency Development Plan (EDP)

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.

 The National Transitional Development Plan (NTDP)

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 First National Development Plan (FNDP)

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.

 The Second National Development Plan (SNDP).

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.

 The Third National Development Plan (TNDP)

This plan covered the period from 1980 to 1983. It had the following goals:

- allocating investment funds and creating a base for the transformation

of society through Socialism to Humanism,
- involving the private sector in economic and social development while
taking into account socialist and humanist ideas,
- balanced development with regard to linkages between industry and
agriculture,
- increasing the production of consumer and capital goods,

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.

 1984 – 1988 The Fourth National Development Plan (FNDP)

The plan covered the period from 1989 to 1993.

The plan was preceeded by the New Economic Recovery Programme from
July 1987 to December 1988 which was necessitated by worsening economic
crisis caused by high prices of oil. It limited debt service payments. There was
drastic cut of imported luxury goods. The emphasis was on the use of local
materials for production and gradual reduction of subsidies.
The FNDP focused on:

- a periodic review of the exchange rate and interest rates,

- the reduction of budget deficit to below 2% of Gross Domestic
Product (GDP) by 1993,
- a gradual reduction of subsidies so as to reduce pressure on the budget,
- reduction in the annual growth of money supply to below 40% by
1993,
- reduction in the rate of inflation to below 20% in 1993,
- increasing capacity utilisation to above 70% of industrial averages by
1993,
- reducing the number of price controlled items to one by 1993.

Poverty Reduction Strategy Plan (PRSP) 2002 – 2005

This was a programme under the International monitory Fund (IMF). The IMF had to
do a poverty reduction through sustained economic growth and employment creation.
The programme concentrated on the following areas such as:-
- Cross-cutting issues
- Education
- Health
- Agriculture and
- Macro economic issues.

Transitional National Development Plan – TNDP.

In order to include the above, therefore, the Transitional National Development Plan
TNDP was developed. The TNDP also covered the period 2002 – 2005.

Vision After 2030

The Vision 2030 – A prosperous middle-income nation by 2030 was developed. It is

the 2006-2010 first of its kind in the history of this country – Zambia. The Fifth
National Development Plan (FNDP was based on this vision. This therefore means
that the next Development Plans will also focus on the same up to the year 2030.

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:-

- gender responsive sustainable development

- respect for human rights
- good traditional and family values
- positive attitudes towards work
- peaceful co-existence
- public partnerships.

By 2030, the nation should have an economy which is :-

- competitive
- self sustaining
- dynamic and
- resilient to any external sector, free from donor dependence.

The Fifth National Development Plan (FNDP)

The plan covers the period 2006 – 2010. Some of the goals of the FNDP are to:-

1. develop and rehabilitate infrastructure

2. develop human resource and capacity building
3. promote equal participation of female and male in education
4. mainstream cross-cutting issues: HIV and AIDS, gender,
democracy, good governance, human rights and environment.
5. develop irrigation to both private and public sectors
6. develop and promote livestock and fisheries
7. develop and diversify capital market
8. promote rural electrification
9. promote investment
10. establish the E-Government ICT Application
11. promote rural and urban water and sanitation.
12. develop and promote flexible and inclusive education
programmes to take care of CSEN, SHN, OVC, HIV and AIDS
13. promote child and youth empowerment through relevant skills
and acquisition
14. develop entrepreneurship to reduce poverty levels
15. promote skills training and capacity building
16. develop small and large scale mining
17. promote accountability and transparency

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.

 Short Term Plan:

A short Term Plan may cover a short period from six months to one year, for
example, the Annual National Plan. The Annual National Plan is the control
plan which checks different ministries to make sure that what was planned and
budgeted for has been implemented. After Parliament has passed the National
Budget, resources are allocated according to government plan in a year. The
Annual National Plan is not a substitute for the other plans. It takes into
consideration the medium or the long term plan, which sets its direction. The
major challenge about short term plan is under-estimation. The plan may list
what the country needs rather than what the country is capable of producing.

 Medium Term Plan.

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.

For example, after independence Zambia had the Emergency National

Development Plan which was designed to move the country from colonial
mono- economy to diversified economy.

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.

 Long Term Plan

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:

- construction of hydro-electric power stations,

- reforestation,
- opening new mines,
- construction of new roads and railway lines.

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

(a) What is planning? Why is it important?

(b) Why is development planning important?
(c) Explain the difference between Medium Term and Long Term Plans

Activity 1
In pairs draw a development plan of your school.

Centralised and Decentralised Planning

Planning can be centralised or decentralised.

Centralised Planning:

Centralised planning is planning done by the central government without the

involvement of the local communities.

In the past centralised planning and administration were considered necessary to

guide and control the economies of countries emerging from long periods of colonial
rule. Central control was necessary as it was a requirement of the international
assistance agencies that were providing large amounts of capital. They insisted that
borrowers should have comprehensive and long term central plans for the investment
of external capital. This type of planning was common in communist countries.
Zambia used this type of planning in the First and Second Republics.

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:

 lack of participation of the local community in the formulation and

implementation of the plan. It was argued that plans were being imposed in

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

Decentralised planning is planning done by involving the local community. A local

community identifies projects to be undertaken at community level by taking into
consideration its actual needs. For example, the community may need schools,
hospitals, bridges, piped water and housing units. They may choose what they need
most and draw a budget for it to be submitted to the central government for funding.

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.

Budget and Fiscal Discipline

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.

Regional and Urban Planning

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

Answer the following questions:

(a) Compare and contrast Centralised Planning with Decentralised Planning.
(b) Why is Budget and Fiscal Discipline important to National Development.
(c) Make an individual development plan and draw a budget.

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.

Micro and Macro Financial Institutions

Micro – is a Greek word meaning “small.” A micro-financial institution is one that

gives financial assistance to small scale producers or entrepreneurs for small scale
projects. For example, projects like, farming, repair of bridges, road construction,
repair of classroom blocks and improving water supply and sanitation. Some of the
micro financial institutions in Zambia includes, ZAMSIF, Women Finance
Cooperative of Zambia Ltd, and Bay Port Finance Services.

 Zambia Social Investment Fund (ZAMSIF) supports micro-projects in the

community. The fund is divided into two:

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.

 Women Finance Cooperative of Zambia Ltd

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.

 Bay Port Finance Service

Bay Port Finance Services is a private institution which provides financial
assistance to workers in the form of loans to be paid back through workers
monthly deductions up to the maximum period of one year. Interest rate is less
than 30% per year. It has branches in all the 9 provinces of Zambia.

Macro Financial Institutions

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).

Inter-Micro Financing Institution

International Mono- Financial Institutions

In 1988, a programme called the Micro-Projects Programme (MPP) was established

by the Zambian Government in conjunction with European Commission known as
(EC). The programme was meant to rehabilitate the then run down social
infrastructure like schools, roads, health centres and water sources.

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.

There was inadequate supervision to the projects which resulted in poor

workmanship. Since the communities were not fully involved, the projects were not
fully appreciated and later vandalised.

Zambia Social Investment Fund (ZAMSIF) is more focused on full community

participation. There is great improvement in the disbursement of funds to community
and district projects. This is as a result of districts ability to closely monitor the
projects. By June 2003, ZAMSIF had approved 277 projects throughout the country
benefiting an estimated 1,113,574 members of different communities. At least 43,000
orphans and other vulnerable children benefited from the same projects. A number of
schools in rural areas benefited from ZAMSIF. For example, solar energy electricity
was installed in many rural schools. In 2003 eighty schools benefited from the fund.
This contributed to conducive working environment in the affected schools.

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.

International Financing Institutions

(i) International Monetary Fund (IMF)

The fund was set-up during the Bretton Woods Conference in U.S.A. in 1944.
It was implemented 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 trade.
- Encourage full convertibility between currencies and an end to
exchange controls.
- To shorten periods of balance of payments of member countries.

 International Monetary Fund (IMF)

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 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;

Criticisms of the IMF Fund:

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:

- relaxing of exchange controls;

- removal of import restrictions, price controls and the end of subsidies;
- removal of controls over foreign exchange and imports in order to get
assistance.

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.

 The World Bank

The International Bank for Reconstruction and Development (IBRD) is

commonly known as the World Bank. It was established as a result of the
Bretton Woods Conference in 1944. The World Bank began operations in
1946. The Bank encourages capital investment for the construction and
development of all member states. 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.

World Bank Member Countries pay subscription fees to the Bank according to
their Growth National Products (GNP).

 African Development Bank (ADB)

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 gives technical assistance to capital projects undertaken in member

states. The loans given are paid back with a low interest rate of less than 10
per cent. The Bank also gives grants to member states to finance essential
projects in education and health.

The Headquarters of ADB is in Addis – Ababa, Ethiopia.

 Arab Bank for Economic Development in Africa (ABEDA)

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.

Its objective is to contribute to economic development in African Countries. It

seeks to achieve this objective by providing all or part of the finance required
for development projects. Technical assistance is also given.

Aid given by ABEDA consists of loans on concessional terms for

development projects not exceeding US $15 million or 40 per cent of the total
costs of each project. Generally, projects are financed jointly with
international lending financial institutions such as the World Bank and the
African Development Bank. ABEDA focuses on infrastructure development
projects.

African countries decide on the projects to be funded by ABEDA. Zambia

obtained loans from ABEDA for capital projects, such as road construction.

Indicators of Development

Indicators of Development are signs or measures that show whether, or not

there is improvement in the country’s economy and people’s basic needs such
as food, safe clean drinking water, housing, education and health.

In Grade 11 development was defined as a process of improvement from the

old to something completely new or the replacement of the old by the new,
such as the construction of a classroom block and the construction of a new
road.

It is not easy to measure development. Therefore, various indicators have to be

used. These are measurable variables which are assumed to be directly related
to development such as:

60
  Gross National Product (GNP) or The National Income

This is a measure of production in monetary terms during a period of time. It

is the amount of goods and services produced within a country and accounted
for in a particular year. It also includes income from abroad.

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 (GDP)

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.

 Human Development Index (HDI)

This is a measure of human development using four items:

- life expectancy at birth
- adult literacy
- average years of schooling
- purchasing power of persons aged 25 and above, expressed in dollars.

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.

 Per Capita Income

Per Capita Income is always used as an economic indicator of the levels of

living and development. It is GNP of a country divided by the total population.
This does not take into account income distribution disparities. Per Capita
Income = GNP

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:

Name of the Project______________________________________________

The place where the project is situated:______________________________
The number of people involved in the project:_________________________
Estimated cost of the project:______________________________________
The beneficiaries of the project:____________________________________
How the community will participate in the project:_____________________

budget breakdown for the project:

Item Quantity of items Amount

___________ _________ __________
____________ _________ __________

Total amount needed:____________________________________________

(b) Complete the table below by filling in:

Name of the organization Function

 _______________________
IMF  _______________________
 _______________________
 _______________________
The World Bank  _______________________
 _______________________
 _______________________
ADB

ABEDA  ________________________

Suggested Action Project

(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.

It is important to note that poverty is specific to a country. Poverty is associated with

the negative aspect of human development. Human development, is the process of
enlarging people’s choices to their personal advancement. For example, poverty may
be defined as the insufficient access to food and nutrition, education, health care,
adequate shelter, clothing, adequate income, literacy, safe water and sanitation. This
kind of poverty is what is known as absolute poverty. Absolute Poverty may also be
defined as a condition of life so limited by malnutrition, illiteracy, disease, squalid
surroundings, high infant mortality and low life expectancy as to be beneath any
reasonable definition of human decency.

Much as it may be difficult to measure poverty, it can still be done by using three
perspectives; these are,

 Income perspective: A person is said to be living in poverty if their income

falls below a defined or metric poverty line. A person for example living on
one dollar a day is said to be living in poverty.
 Basic needs perspective: A person is said to be living in poverty if their
requirements for a minimal living do not meet acceptable needs.
 Capability perspective: A person is said to be living in poverty if they lack
necessities such as adequate food, clothing, shelter and ability to participate in
community activities.

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:

 Deprivation of a long and healthy life measured by life expectancy of about 40

years.
 Deprivation of knowledge measured by illiteracy.

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  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

Location Overall Poverty % Extreme Poverty %

Rural areas 83 70
Urban areas 56 36
Central Province 77 63
Copperbelt Province 65 47
Eastern Province 80 66
Luapula Province 81 69
Lusaka Province 52 34
Northern Province 81 67
North- Western Province 76 63
Southern Province 76 60
Western Province 89 78

Source: CSO: Living conditions in Zambia 1998

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:

 Personal and Physical Status

- Has no food or does not eat well.

- Lack of access to education
- Lack of access to health care.

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 - Lack of access to adequate shelter.
- Poor clothing.

 Economic Status

- Lack of money or adequate income. This mainly applies to urban areas.

- Lack of productive assets such as ploughs, hoes, oxen, fishing nets,
canoes. This is common in rural areas.

 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.

The following are the people’s views on poverty:

“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

(a) Define the term poverty and outline its characteristics.

(b) Identify and discuss the three perspectives by which poverty is measured.
(c) The following table shows poverty indicators for the Southern African
Development Community countries.

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 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

Source: www. SADC. Internet

(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.

Causes of Poverty in Zambia

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:

 Lack of Economic Growth

The poverty situation in Zambia can be attributed to the decline in the

economy in the mid 1970’s. The causes of the poor economic performance can
be broadly divided into internal and external factors:

66
  Internal factors

Internal factors relate to domestic policies that were developed and

implemented. Zambia’s policies focused on the State taking over private
businesses, and heavy involvement in the economy. This trend discouraged
investment in the productive sectors of the economy. Hence, the decline in
economic growth. The economic reforms that were adopted left the majority
of people insecure in terms of employment, income and health.

 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.

 Changes in Agricultural Policies

Apart from copper, Zambia’s economy is largely dependent on agriculture.

The negative changes in agricultural policies especially between 1992 and
2001 contributed to high levels of poverty especially in rural areas where the
majority of Zambians depend on farming for their livelihood. Some of the
negative policy changes included the removal of the system in which farmers
were offered fertilizer on a pay back basis and the liberization of the markets
for the agricultural produce. During the first Republic, surplus produce was
purchased by government at a price that guaranteed farmers an adequate return
on their investments. Presently, government is no longer providing inputs or a
guaranteed market for the produce.

The agricultural sector of the economy is characterised by:

 Inconsistent agricultural policies

 Late arrival of agricultural inputs
 Insufficient agricultural finance or credit.
 Expensive agricultural inputs and implements.
 Inadequate storage facilities.
 Insufficient extension services and market information.
 Endemic livestock diseases.
 Poor road infrastructure especially in rural areas.

All these problems have left most small scale farmers with inadequate incomes to
meet basic needs of life.

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 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 changing climatic and environmental conditions are also causes of

poverty. In Zambia, small scale farmers rely on rain for agricultural
production. Rainfall patterns are increasingly erratic and droughts are a
common feature and this has led to low food production, hence, food
insecurity.

 Morbidity and mortality

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.

 Single Parent households

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.

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  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

Conflict is also a cause of poverty. For example when there is conflict in a

society, less time is spent of economic activities. Sometimes, people lose their
lives or one is forced to flee their homes. There will be no time to create
wealth.

 Gender inequality in economic activities.

The participation of women in economic development is very low. Most

women have no access to loans and land, and other means of production.

 Poor work culture

When people have a negative attitude towards work and lack initiative, this
can lead to poverty.
Dependency syndrome.

 Individual weakness

Laziness and lack of responsibility can lead to poverty and dependency

syndrome.

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

‘Poverty is always inherited’, Discuss.

Read the case studies and answer questions which follow:

Case Studies

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 Case study 1

Namasiku was brought up in an isolated rural district. In poor farming years it

was hard for her family to feed, clothe and send all the children to school. During
a bad year, when she was fourteen, the family had to sell the goats and cooking
pots in order to buy food. One of the local farmers offered marriage with a small
marriage payment of goats. He already had one wife, but he was established on
his own plot of land and therefore this seemed a secure opportunity for her.
Although the births were very difficult, her husband is happy that she has
produced two sons. She knows that it will be difficult to clothe and send more
children to school but she has nowhere to go for family planning advice.

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 measures

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.

Poverty Reduction Strategy Paper

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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:

 Macroeconomics – to achieve a high and sustained real GDP growth with

greater equity of opportunity, income and access to resources.
 Agriculture – to promote a self-sustaining export led agricultural sector which
ensures increased household income and food security.
 Tourism – to enhance the tourism sector’s contribution to economic growth
and poverty reduction.
 Mining – to promote investment in the mining industry and ensure the
development of a self – sustaining mineral based industry.
 Industry – to promote growth of an export led industry leading to
employment creation and poverty reduction.
 Health – to improve the health status of people in Zambia especially the poor.
 Education - to provide relevant, equitable, efficient, and quality education for
all.
 HIV/AIDS – to reduce the incidence, infection and the socio – economic
impact of HIV/AIDS.
 Gender – to promote gender balance to ease the burden of poverty especially
of women at the household, community and national levels.
 Environment – to formulate appropriate policies on the protection of the
environment, management and development of natural resources and ensure
their efficient and effective delivery and implementation.
 Energy – to ensure optimum supply and utilization of energy.
 Water and Sanitation – to contribute to poverty reduction through increased
access to safe water and sanitation, increased food production and food
security.
 Transport and communication - to create an efficient transport and
communication system that will promote economic growth and poverty
reduction.
 Roads – to expand, rehabilitate and invest in the road sector so as to improve
accessibility and mobility.

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

(i) Education: to provide relevant, equitable, efficient and quality

education for all.
(ii) Water and sanitation: to contribute to poverty reduction through
increased access to safe water and sanitation, increased food
production and food security.
(iii) Health: to improve the health status of people in Zambia especially
the poor.

- List down the measures you think could be implemented to address

the three areas.
- Write a newspaper article on any three of the areas outlining your
strategies and how they would benefit the country.

Activity 3

Suggested Action Projects

a) Carry out a mini survey in your community to assess poverty levels.

Develop your own survey instruments and write a report on your findings.
Then present it to your local council through your councillor.
b) Carry out a survey on how people perceive poverty in your area; outline the
perceived elements of poverty.
c) Develop an anti poverty strategy to address poverty issues facing your
community.
d) Hold a min conference on poverty alleviation in your community. Prepare
speeches and other arrangements for the conference.
e) Develop posters and cartoons to sensitise your community on the
dependence syndrome and its effects.
f) Sensitise the community on the need for entrepreneurship to alleviate
poverty in your area.

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 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.

Components of the Environment

There are many components of the environment. The environment can be divided into
various components depending on the features of the environment considered to be
central. For instance, if life is considered to be central, then the environment is
divided into living and non- living components. If human activities are considered
central, then, the environment is divided into natural and cultural components. Other
consideration can be used as criteria for categorizing components of the environment.

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

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 Main Components of the environment

Activity 1

(a) Allocate yourselves names of elements in your local environment such as

grass, tree, soil, river, bird, human being, animal. When the teacher calls the
name of the element you are representing and we briefly but clearly on what
you as element in the environment depend on for your survival.
(b) Relate your responses to how elements in the environment are interconnected.
Draw a compass rose to explain the relationships.

Exercise 1

1. In your own words explain what you understand by the word

environment
2. A farmer uses a strong insecticide to kill insects eating her crops. The
insecticide also kills many other insects living in the area. What advice
can you give to the farmer?

Causes of Environmental Degradation

Environmental degradation refers to any action or process that makes the

environment less fit for human, plant or animal life. It is also associated with the
lowering or reduction of the environmental quality.

Environmental problems are always interrelated. At times, a solution to one problem

creates another problem. For example, farmers may use pesticides to control pests and
protect the crop, but pesticides if not carefully and correctly used may pollute the soil
and nearby water bodies.

The following are some of the causes of environmental degradation:

 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

Pollution refers to the presence of matter or energy whose nature, location, or

quantity produces undesirable environmental effects. it is the reduction in the
quality of the environment by introducing harmful materials in it. Generally,
pollution takes two forms:

(i) Natural wastes; Natural wastes may be organic or inorganic. Inorganic

wastes include elements of compounds such as lead, copper, and sulphur.
These elements are found in rocks and are present in small concentration

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 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.

(ii) Synthetic Chemicals. Natural chemical compounds are always present in

the environment. However, people have come to learn to make new
chemical compounds called synthetic chemicals. These synthetic
chemicals are present in paints, dyes, food additives, drugs, pesticides,
fertilizers, clothes, cleaning materials, plastics, cosmetics, and building
materials. Some of these synthetic chemicals break down rapidly in the
environment through the action of sunlight, air, water or soil and are
eaten by living organisms. The process may take minutes, hours or days.
A material that decomposes in the environment as a result of biological
action is called biodegradable. However, many synthetic chemicals do
not decompose easily. For example, plastics may remain in the
environment for 100 years because organisms that feed on them and
break them are very rare. In addition, some of synthetic chemicals such
as paints and dyes are very poisonous.

 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.

Examples of Resource Depletion

(a) Soil: soil erosion is estimated to be exceeding soil formation by about

35%. It is most severe in Africa especially in the Sahel region where

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 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.

(c) Desertification: Destruction of grasslands is closely related to the loss

of forests and soils. Economic pressure on land especially for
agriculture has led to over exploitation of grasslands and eventual
destruction. Over-cultivation and overgrazing of grasslands lead to
rapid decrease in soil nutrients reducing the chance for further growth
of vegetation. Loss of plant cover promotes aridity and desertification.
When these habitats are destroyed, many organisms cannot survive.
Hundreds of thousands of plant and animal species face extinction.
Scientists believe that endangered species of plants and animals must
be preserved for genetic diversity of our planet. In fact, some of the
species may be used to produce life-saving drugs or may be essential in
the breeding of valuable crops or domestic animals.

(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

In recent times, human beings have significantly altered the environment

through many activities. For example, excess emission of carbon dioxide from
burning fuels, chlorofluorocarbons (CFCs) from refrigerators, aerosol sprays,
air conditioners and methane into the atmosphere is associated with global
warming. Increases in global temperatures could result in the melting of
glaciers and rise in mean sea levels which in turn can cause flooding of coastal
regions and destruction of coral reefs. These gases contribute to the destruction
of the ozone layer which filters harmful ultraviolet rays from the sun. Global
warming has resulted in changes in the weather pattern globally.

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  War

War is a combination of all environmental problems. War and preparations for

war lead to pollution and depletion of resources far more than any single
peace- time activity. Devastation caused by hostilities cannot be
overemphasized. People are killed, Cities, towns and , farms are ruined, while
forests may be destroyed completely. Even in the absence of the actual
conflict, the cost of maintaining armaments and standing armies are enormous.
In addition, the potential for a nuclear war places human civilization and life at
great risk.

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.

Major Environmental Issues in Zambia

According to the Environmental Council of Zambia (ECZ), there is a strong link

between poverty levels and environmental degradation in the country. Rural-urban
migration and low levels of education have also been identified to have profound
impact on the environment. The National Environmental Action Plan (NEAP), has
identified the following as major environmental concerns in Zambia:
 Deforestation;
 Wildlife depletion;
 Pollution;
 Land degradation;
 Inadequate sanitation

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.

The ever-increasing demand for forest products as a result of increased population is

likely to change the demand- supply balance. Besides, conversion of forests to
cultivated land is also expected to grow as the demand for more food continues to

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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

1. Write two paragraphs on how environmental degradation can be

minimised in Zambia. Highlight who should be targeted first and outlined
reasons for your answer.

Benefits of Re-afforestation and afforestation

(i) Assured supply of charcoal and fuel-wood;

(ii) Sustainable supply of building and fencing timber;
(iii) Protection of soil from agents of erosion;
(iv) Plant leaves can be used as folder by livestock;
(v) Some plants fix nitrogen in the soil;
(vi) Some plants provide fruits and herbs for medicinal use;
(vii) Collection of mushrooms, caterpillars, nuts and honey

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:

a) Timber supplies for export and domestic market will increase;

b) More charcoal will be readily available to the local people;
c) Pests like tse-tse flies will be eradicated;
d) Food supplies will increase;
e) More people will get jobs on farms;

For the above reasons, I feel the government should open up Mufungo forest for
settlement and farming.

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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.

Population increase, encroachment of protected areas, illegal hunting, reduced

funding for the management of protected areas and natural disasters such as drought
has resulted in many plant and animals species facing varying degrees of depletion.
Trophy animals like the elephant and the rhino are more threatened with depletion
than other species. The table below shows some of the endangered and vulnerable
bird and animal species in Zambia.

Species Status
Shoebill Vulnerable
Wattled Crane Vulnerable
Slatey Egret Vulnerable

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 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

In order to improve upon the management of wildlife, Department of Wildlife and

National Parks has been transformed into the Zambia Wildlife Authority (ZAWA).
Other measures taken include:

 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.

 Introduction of community based wildlife management. This ensures a more

sustainable utilization of wildlife resources by all stakeholders. Communities
surrounding wildlife sanctuaries actively participate in the management of
these areas and are rewarded from the proceeds of the utilization of these
resources. This makes local communities to develop a sense of ownership and
hence, can not collaborate covertly with poachers.

Exercise 4

1. Give reasons why wildlife is important.

2. State reasons why large game has declined in both national parks and
game management areas.
3. Explain the difference between vulnerable and endangered species.
4. State measures that the government has taken to encourage sustainable
utilization of wild life resources.

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

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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.

Mining results in environmental degradation. Natural landscapes are destroyed while

existing land uses such as agriculture and settlements are displaced due to:

(i) Uncontrolled excavations especially by small scale miners around Lusaka

(Quarrying) and the Copperbelt;
(ii) Removal of vegetation cover accelerating soil erosion by wind and water;
(iii) Loss of flora and fauna either directly or indirectly through clearing or
spread of pathogens and fragmentation of habitats;
(iv) Siltation and sedimentation of drainage systems and natural water courses
either as discharges, spillage, or erosion of over burden dumps;
(v) Water pollution through the release of dissolved chemicals including
heavy metals such as lead and copper into streams, rivers, underground
water either as direct discharge, seepage or overflow from pollution
control facilities.
(vi) Air pollution and dust due emissions of substances such as sulphur
dioxide, carbon dioxide and nitrogen dioxide into the atmosphere in an
unacceptable levels is rampant on the Copperbelt.

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.

 Pesticides are another source of environmental degradation. A pesticide is

defined as a substance or mixture of substances or organisms produced to
control, repel or mitigate any pest. Included in this definition are also
substances that are used as plant regulator, or defoliant. The use of
pesticides is usually associated with increased production in agriculture.
However, continuous use of pesticides over a long period results in pests
becoming resistant to the pesticide and contamination of the environment.
Effects of pesticides on humans, animals and other organisms are rarely
reported in Zambia. However, it should be realised that pesticides have
adverse effects on non-target organisms, human beings, wildlife, fish and
birds. For example, the pesticide malathion used by many farmers to

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 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.

 Waste includes household leftovers of food, dirt, paper, tins, bottles,

plastic bags and containers, old clothes and unwanted leftovers from
processing and manufacturing processes.

Waste is also referred to as garbage, refuse or litter.

Data on the quantity and type of waste generated by manufacturing,
processing industries and households in Zambia is not available. Disposal of
waste at designated or undesignated sites can cause pollution of soil and
ground water. Most waste disposal sites do not have the necessary facilities to
protect the soil and underground water. Biodegradable matter in these dump
sites generate toxic and hazardous gases such as methane, hydrogen sulphide
and carbon dioxide.

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

1. State mining operations that lead to environmental degradation.

2. Explain what is meant by the word “pollutant”?
3. Discuss how excessive use of pesticides can lead to environmental
degradation.
4. In your own words define the term ‘waste’ and give three examples of
household waste.
5. Explain the relationship between the occurrence of communicable diseases
like cholera and lack of good sanitation.
6. Read the passage below and answer the questions that follow:-

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

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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

Environmental management refers to measures and controls directed at environmental

conservation and sustainable utilization of resources. It includes, optimisation of
interrelationships between society and the environment for the present and future
generations. To maintain a productive healthy and diverse ecosystem, ensure
sustainable utilization of natural resources and environment, the Zambian government
has put in place a number of environmental legislation. These laws set performance
standards of social conduct towards the environment. For example, enterprises
involved in the generation of waste and other pollutants are expected to establish and
maintain a system of environmental management that is appropriate to the enterprise,
taking into account the environment, public health and safety. They should establish
performance standards that are measurable, conduct regular monitoring of emission
levels and waste generated, provide adequate and timely information. They are also
expected to maintain contingency plans for preventing, mitigating and control of
serious environment and health damage from their operations, including accidents and
emergencies.

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.

Institutions that Promote Environmental management in Zambia.

Environmental Issues are cross-cutting by their nature. In Zambia, the prevailing

scenario is that various government and quasi-government institutions and agencies
are involved in environmental management. Apart from the above, both international
and local NGOs are active in environmental conservation work in various sectors of
the economy such as mining, forestry and agriculture. The main Institutions are listed
below.

Institution Main Role/s

Environmental Council of Zambia  Environmental Protection
(ECZ).  Pollution control
 Natural Resource Management
Ministry of Education  Implementation of Environmental

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 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

Forestry Commission  Management of the country’s forests.

Department of Water Affairs  Management of water resources.
National Heritage Conservation  Identification and management of objects
Commission of aesthetic value
Zambia Wildlife Authority  Management of wildlife estates
(ZAWA  Ensuring equitable sharing of benefits of
wildlife management and conservation
Fisheries Department  Implementation of legislation on the
development of the fishing sector
 Regulate fishing methods and reinforcing
fish ban period between December and
Match (breeding period)

 The Environmental Council of Zambia.

.
The Environmental Protection and Pollution Control Act of 1990 created the
Environmental Council of Zambia (ECZ). The mandate of ECZ was “do all
such things as are necessary to protect the environment and control pollution
so as to provide for the health and welfare of persons, animals, plants and the
environment.”

The Environmental Council of Zambia is also responsible for co-ordinating

activities of all ministries and organizations that are involved in the protection
of the environment in Zambia and the sub-region.

 Zambia Wildlife Authority

Zambia Wildlife Authority (ZAWA) was established by an Act of Parliament

of 1998. ZAWA is responsible for the establishment and management of
national parks, game management areas and protection of all wildlife. ZAWA
is also mandated to ensure local community participation in the conservation
and management of wildlife as well as in the equitable sharing of wildlife
management and conservation between government and the local
communities.

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  The Zambia Forestry Commission

To increase people’s perception of the value of forests and improve

methodologies of forest management, there is need to incorporate social,
economic and ecological values of trees and forests into a national policy. The
first Forest Policy was formulated in 1965 as a set of instructions to the Forest
Department. The policy was rigid and all authority was vested in the central
government over ownership, planning and management of forests. There was
no participation by local communities.

The Forest Department has been transformed into Zambia Forest Commission through
the 1999 Forest Act. Its responsibilities include:

 Formulation of forest policies;

 Implementation of forest plans;
 Management and control of forest resources;
 Carrying out research on forests;
 Provision of extension services;
 Afforestation (planting of both exotic and indigenous trees in areas where
there were no forests before);
 Management of forest plantations

Ways to Improve Environmental Management.

In order to improve upon environmental management, the government has to develop

a clear national policy on the environment. The policy should ensure broader
participation by all key stakeholders in the sector. It should be based on clear
understanding of the intricate relationships between ecological, economic and socio -
cultural aspects of the environment.

In the interim, the Environmental Council of Zambia should continue to effectively

co-ordinate the existing pieces of legislation on the environment by various
institutions. Local communities, NGOs and private sector agencies should also be
given incentives to actively participate in environmental management. In addition,
some of the existing pieces of legislation need to be repealed as they no longer
contribute to sustainable development of natural resources. For example the water Act
of 1957 and the Plumage Birds Protection Act of 1915.

Suggested legal Actions to Prevent Pollution

Environmental catastrophes such as floods, explosions, accidents, and accidental

release of poisonous substances often result in injury, loss of life and destruction of
property. Victims of such events suffer severe long-lasting traumas, for example, the
explosions at Chambeshi Metals in 2004 on the Copperbelt. Consequently, certain
legal actions should be put in place to punish those responsible for such catastrophes.
While the cost of pollution control may be borne by an individual corporation or
manufacturing concern, the effects of pollution are shared by the population in which
it is located. Thus, it is the duty of the government to regulate pollution and prevent or
minimize environmental catastrophes. Below are some recommendations on the legal
actions that can be taken against environmental polluters:

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 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.

 Subsidies. Government can encourage environmentally friendly practices by

industries. Tax deductions or rebates can be given to those corporations or
companies that do not pollute the environment.

 Residual Charges. Industries and Individuals who pollute the environment

can also be charged amounts proportional to the quantity of the pollutant
emitted. This can also encourage environmentally sound manufacturing or
processing because of the penalties that violators are obliged to pay. The
polluter can either dump the waste and pay a fine, or deal with the waste in
some other way such as treating it, recycling it, storing it in a safe place, or
minimize its emission in the environment.

 Other Measures

(i) Regular and efficient collection of waste and disposal in designated

sites.
(ii) Establishment of recycling plants by all local authorities.
(iii) Compositing of organic waste which can be used as fertilizer.
(iv) Provision of solid waste bins in business centres and residential areas.
(v) Strict enforcement of by-laws by local authorities regarding public
health and environment protection.
(vi) Identification and classification of waste according to their potential
impact on the environment;
(vii) Monitoring and evaluation of contamination at dumpi sites as well as
assessment of environmental impacts of current waste management
practices;
(viii) Documentation of sources and composition of various wastes as well
as vigorous public awareness campaigns in waste minimization,
disposal and management practices;
(ix) Encourage industries in the country to use cleaner production
techniques and practices.

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 Principles of an Environmentally Friendly Policy

(i) Any discharge or emission should be regarded as harmful until proven

harmless.
(ii) Establish limits of pollution that the natural environment can withstand
without becoming permanently damaged. This critical load should not be
exceeded.
(iii)All stages of the production process should be examined thoroughly with
regard to pollution management and control.
(iv)The natural environment is not free of charge. Industries must be
stimulated to take the environment into consideration in all their
operations so as to reduce pollution.
(v) Poor technical solutions should not be used as an excuse for pollution
even when better technology is available.

International Conventions and Agreements on the Environment.

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:

(i) Basel Convention on the control of Transboundary movement of

hazardous waste
(ii) Convention on the Conservation of Migratory species of wild animals
(iii) United Nations Convention to Combat Desertification
(iv) Convention on Wetlands (Ramsar Convention)
(v) Convention on the Protection of World Cultural and National Heritage
(vi) Convention on the Protection of World Cultural and National Heritage.
(vii) Convention on the Protection of the Ozone Layer

Exercise 6

1. Explain what is meant by ‘environmental management. ‘

2. Explain what is meant by the statement ‘environmental issues are cross –
cutting by the nature.’
3. List down the functions of the Zambia Wildlife authority.
4. State possible legal actions that can be taken against environmental polluters.
5. List measures that local authorities can undertake to reduce pollution by solid
waste in their areas.

Biodiversity

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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.

Biodiversity is considered at three levels:

a. Genetic diversity. This is a measure of the variability within and between
species;
b. Species diversity. Refers to the total number of species in a given area and
c. Ecosystem diversity. This refers to the variety of habitats within which
species occur.

Significance of biodiversity

Human beings depend on a diversity of plants, animals and micro-organisms to

survive and thrive. The air we breathe is purified by green plants. Medicines are
obtained from plants and micro-organisms. Various animals are used for drought
power, transportation and other tasks. Plant and animal products are also used to make
clothes, tools and other useful objects. Homes and factories including furniture are
made from plant and animal products. Some animals are kept as pets and some plants
are grown as flowers or ornamental trees. All these are possible because of
biodiversity.

In Zambia, biodiversity is particularly important for the following reasons:

a. Majority of people in Zambia, especially the rural population to a large
extent depend on a variety of local resources available in their areas. These
include plants for fruits, tubers, leaves, grains or seeds, stems and flowers,
that are sources of food; and animals such as birds, mammals, fish and
invertebrates which are the main sources of protein.

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.

c. Various biological resources such as micro-organisms are used in the

preparation of medicines while some plants are widely used as herbal
medicine.

d. Biodiversity is also important to maintain ecological balance. The

preservation of the ecosystem diversity ensures continuation of processes
that maintain all forms of life in the environment, such as water and
nutrient cycles.

e. Biodiversity is also of aesthetic and recreational value. Game viewing

sight seeing, mountain climbing, Safari hunting and angling all depend on
continued existence of a variety of plant and animal species as well the
quality of habitats in which they are found.

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Threats to Biodiversity

Biodiversity in Zambia is increasingly coming under pressure by both human and

natural factors. These include:

a. Land use conflicts between humans and animals.

b. Development of settlements and related activities.
c. Pollution.
d. Deforestation.
e. Over exploitation of resources such as over-fishing and game poaching.
f. Climatic change such as occurrence of frequent droughts.
g. Lack of biodiversity knowledge by the public.

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

In traditional Zambian society, conservation methods of resources were centred on

customary laws. Indigenous calendar of food production was seasonal. For example,
fishing, collection of forest products such as caterpillars, honey and mushrooms.

The culture of totems also prevented indiscriminate hunting of certain wildlife

species, while some other wildlife were accorded special status such that express
permission of the chief was needed to hunt them. Thus, there was no threat to the use
of biological resources.

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.

Biodiversity Strategic Plan

The strategic plan on Biodiversity in Zambia is based on the following goals:
a. Ensure conservation of the natural ecosystem through a network of
protected areas;
b. Conservation of the genetic diversity of crops and livestock;

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 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.

Suggested Action Projects

(a) Allocate yourselves names of elements in your local environment such as

grass, tree, soil, river, bird, human being, animal. The teacher will call out the
name of one of the elements and the holder of the name should answer to the
name. Answer briefly but dearly on what you as an element in the
environment depend on for your survival. Relate your responses to how
elements in the environment are interconnected.
(b) Prepare a simple questionnaire to use in surveying the use of pesticides in your
local community. The teacher will guide you. Carry out the survey and present
your finding to the class in groups. Suggest measures that can be taken to
minimise dangers in handling and use of the pesticide.
(c) Collect waste around your school. Sort out the waste either as biodegradable
or non-biodegradable. Find suitable ways of disposing the two types of wastes
without harming the environment.

(d) Write a lengthy feature article on how environmental degradation can be

minimised in Zambia. Highlight who should be targeted first and given
reasons.
(e) Organise a “keep the environment clean” day at your school. Draw up
activities that have to be done on this day.

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 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

We live in an increasingly interdependent world and no nation or region is able to

survive in complete isolation from others. This development in international relations
is referred to as Global Interdependence. Interdependence means that each nation’s
welfare may depend on the decisions and policies of other nation and vice-versa. For
instance, the decision by the members of the Organisation of Petroleum Exporting
Countries (OPEC) to increase oil prices by 400 percent after the Israeli-Arab War of
1973 sparked off a world-wide energy crisis that in turn created inflation which
pushed the world economy to the brink of chaos.

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.

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Exercise 1

(a) Define the following terms: ”Globalisation,” “Global Issues” and

“interdependence”.
(b) What is meant by the term ‘Third World Countries’ Support your answer with
examples.
(c) Briefly state why the US, Japan and other developed countries are said to be
dependent on the Third World countries.
(d) In what ways are Third World countries like Zambia, dependent on the US
and other developed countries?
(e) How are Third World countries dependent on other Third World nations?
support your answer with reference to Zambia and her neighbours.

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.

 Multilateral Aid: is assistance from international agencies formed by several

countries. These lending agencies do not belong to one country. Examples of
them are the African Development Bank (ADB), the Arab Bank for Economic
Development (ABEDA), the International Monetary Fund (IMF) and the
World Bank.

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).

 Grants: are gifts from International Agencies to a government or from one

government to another. They are not to be paid back.

 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.

The Role of the World Bank and the IMF

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  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:

- Loans for developing countries with higher income: The IBRD

gives loans to these countries and allows them more time to repay.
For instance, 15 to 20 years with a three to five year grace period
before the repayment of principle begins.
- Loans for poor countries: These are loans given to countries
which are not credit worthy in the international financial markets
and they cannot afford to pay market interests rates on loans. Such
loans are provided with a 10 year grace period and they are
repayable in 35 to 40 years.

The International Monetary Fund (IMF)

 The International Monetary Fund is a specialised agency of the UN and its

main purpose is to regulate the international monetary system. The IMF
controls fluctuations in the exchange rates of world currencies and it lends
money to countries facing balance-of-payments deficits. It also offers advice
and policy recommendations to overcome such financial problems, and often
offers financial assistance in support of economic reform programmes.

Foreign Aid and the Development Debate

There is an international debate on whether foreign aid hinders or promotes economic

development in Third World recipient countries. The following are some of the
arguments for and against foreign aid:

Arguments for

 It provides foreign capital needed by the recipient country to supplement its

locally available investment resources.
 It provides more foreign exchange if the loan or the grant is invested in a
project which produces export products.
 It provides new technology and skills which the local people can later acquire
by means of training. Such skills and technology are assumed to be both
desirable and productive to the recipient nation.
 The recipient government earns more revenue by taxing enterprises
established with the help of foreign aid and by participating financially in the
operations of these enterprises.
 Food aid alleviates famine in case of natural disasters such as floods, droughts
and earthquakes. Food aid also provides free or cheaper food to countries

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 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.

 Technical assistance given by donors is not always appropriate or beneficial to

the needs of the recipient country, and it may require the importation of
expensive machinery and spare parts from the donor nation. It is argued that
“technical assistance” actually benefits the donor more than the recipient
nation.

 The donor country:

- earns more money in form of interest on loan repayments.
- creates a market for its machinery and spare parts in the recipient country.
- creates overseas employment opportunities in form of “technical
expertise” for its citizens in the recipient country.
- gains a sphere of political and economic influence in the recipient country.
Exercise 2

(a) Clearly distinguish between bilateral and multilateral aid.

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 (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.

The Foreign Aid Debate

Arguments for Arguments against

- It provides foreign capital - Creates a debt burden:

Loans have to be paid with interest.

Activity 1

Zambia needs more foreign aid for development.

Discuss.

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.

Importance of International Trade

Nations, like individuals, engage in trade for various reasons. The following are some
of them:

 Uneven Distribution of Resources: No nation is endowed with all natural

resources essential for the functioning of a modern industrial economy. For
instance,countries like Iraq and Kuwait have plenty of oil, while others have
none.

 Climatic Differences: Climatic conditions in temperate countries like Canada

and Russia are not favourable to the production of bananas, cane sugar and
other topical crops. Such countries have to import tropical products from other
nations.

 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

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 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.

 Technological Differences: Some countries do not posses the technological

capacity to produce certain products such as aircraft, motor vehicles, mining
and agricultural machinery and computers. This makes it necessary for them to
buy such products from other nations.

 Supplement Domestic Production: A nation with vast demands or

inadequate local supplies of certain products may import certain goods to
supplement its own domestic production. For instance, China is one of the
world’s major producers of oil, but she still imports vast quantities of oil from
the Middle East to add on to her domestic production.

 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.

 Promote International Co-operation: Trade promotes international peace,

co-operation and political friendship. For this reason, countries may continue
trading together even if such trade ties were not economically beneficial to all
parties.

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

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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.

Balance of payments means the difference in a country’s spending (payments) and

earnings from imports and exports respectively. It includes payments and earnings
from both visible and invisible imports and exports. Invisible imports and exports are
services such as insurance, transport, tourism and expatriate labour. For instance,
tourists who visit Zambia and stay in hotels pay for these services in foreign currency.
On the other hand, Zambia pays in foreign currency to run her embassies abroad or to
pay education fees for Zambian students studying abroad. Unfavourable Balance of
payments occurs when a country receives less foreign currency from its exports, but
pays more foreign currency on its imports. We call this a balance of payments deficit.
Favourable balance of payments takes place when a country receives more foreign
currency from exports, but spends less foreign currency on imports. This is called a
balance of payments surplus. The main foreign currencies used in International trade
are the US dollar, the Sterling Pound, the Euro and the Japanese Yen.

The World Trade Organisation (WTO)

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.

Origins of the WTO

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.

Functions of the WTO

The Functions of the WTO are:

 To help trade flow as freely as possible by reducing and eventually eliminating

tariffs (trade taxes) and other barriers imposed by various nations.
 To set out rules for regulating international trade.
 To interpret trade agreements and impartially settle trade disputes between
nations. The WTO serves as a neutral international forum for debating and
settling trade disputes.
 To organise trade negotiations among its members.

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Principles of the WTO

The following are the Principles of the WTO:

 Non – discrimination: A country should not discriminate between its trading
partners. Trading partners are all granted the most favoured nation (MFN)
status. A country should also not discriminate between its own and foreign
products, services or nationals. They are all given “national treatment”.

 Free trade: there should be free trade and all trade barriers should be reduced
through negotiations.

 Predictability: foreign companies, investors and governments should be

confident that tariffs and other trade barriers will not be raised arbitrarily.
Tariffs and other market-opening commitments are bound in the WTO
member states.

 Competition: There should be more free competition in international trade.

Unfair practices such as export subsidies and dumping products at below cost
to gain markets share are discouraged.

 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.

Structure of the WTO

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.

Weaknesses of the WTO

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

(a) What benefits does a country obtain by engaging in International Trade?

(b) What are the perceived disadvantages of International Trade?
(c) Why is it important for Zambia to have adequate supply of foreign currencies?
(d) What particular problems have arisen since the late 1970’s which have made it
more difficult for Zambia to trade with other countries? Suggest some
solutions to these problems.
(e) Explain the advantages and disadvantages of Zambia’s position as a ‘land-
locked’ country in relation to international trade.

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 (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.

The Debt Crisis:

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:

 Unfair international trade: Most of the commodities exported from Third

World Countries are undervalued. Third World Countries are often forced to
sell raw materials (like copper) cheaply to international firms, which in return
use the raw materials to produce finished goods and make huge profits. This
has resulted in a balance of payments deficit and an increase in the debt
burden. Since Third world countries cannot raise money to repay the debts, the
loans are often rescheduled with higher interest rates.

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.

 Spending loans on consumption: Another factor is the tendency of some

Third World Countries to use loans to finance pure consumer products and
hence the failure to repay the borrowed money due to lack of productivity. In
addition to this, there is the issue of corruption and the diversion of funds by
corrupt politicians and other government officials.

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

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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).

HIPC Qualification and Structural Adjustments Programmes (SAPs)

For a country to qualify to this initiative, it must successfully implement a number of

IMF and World Bank led monetary reforms and Structural Adjustment Programmes
(SAPs). Although conditions vary, SAPs usually require that a country must:

 Privatise state-owned enterprises, that is, transfer Parastatal Companies and

other government assets to the private sector, including foreign enterprises.
 Lift restrictions on foreign investment so that profits can easily be externalised
(taken out of the country).
 Reduce its tariff barriers (custom duties) to encourage imports.
 Float its exchange rates so that they are freely determined by the market.
 Impose restrictive fiscal (financial) and monetary policies. Fiscal discipline
means the government should control spending. For instance, by imposing a
wage freeze and retrenching excess employees.
 Remove controls on prices and withdraw subsidies, even on essential
commodities.
 Relax labour laws protecting workers and employers.

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.

HIPC Completion Point Benchmarks

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

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 - 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.

Benefits of the HIPC Initiative

The benefits of the HIPC Initiative to Zambia include the following:

 Debt Relief Funds: The total package of debt relief to Zambia is 3.8 billion
US dollars. Zambia started getting debt relief in January 2001. The relief that
came to Zambia between the Decision Point (the time when the country
qualified to HIPC in December, 2000) and the Completion Point are known as
“interim relief.” This money was mainly spent on Poverty Reduction
Programmes. Some of these programmes were the rehabilitation of
infrastructure such as colleges, schools, Health Centres, bridges and roads.
After the HIPC Completion Point, Zambia expects to receive a debt relief of
about 135 million US dollars per year.

 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.

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 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.

CONCERNS ABOUT THE HIPC INITIATIVE

 Reduction in Debt Stock may not Occur:

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.

 Possible Misuse of Debt Relief Resources:

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.

 ‘Loss’ of National Sovereignty:

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

Read the following passage and do the exercise that follow:

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.

Source: Jubilee Zambia 2004

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 (a) Explain the following terms:
(i) debt crisis
(ii) debt servicing
(iii) debt relief
(iv) debt rescheduling and
(v) partial debt cancellation.

(b) What are the benefits and the demerits of

(i) debt rescheduling?
(ii) 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.

Millennium Development Goals (MDGs)

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.

The following are the eight MDGs

1. Eradicate Extreme Poverty and Hunger: By 2015 reduce by half the

proportion of people living on less than One US dollar a day and those who
suffer from hunger.

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.

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 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.

8. Develop a Global Partnership for Development: By 2015 develop further

an open trading and financial system that will include a commitment to good
governance, development and poverty reduction nationally and internationally.
Developing countries will do more to ensure their development, but developed
countries will support them through aid, increased debt relief, better
opportunities for trade and other measures.

Progress in the implementation of the eight millennium development goals in some

countries has already began to yield positive results. However, most developing
countries have fallen short of targets they have set for themselves, mainly as a result
of financial constraints and in certain cases, due to lack of political will.

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.

Suggested Action Projects

1. Invite a speaker (from a Civil Society) to address Civic Education pupils at

your school on the benefits and the problems of the HIPC Initiative.

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.

3. Carry out a survey in your community on the progress towards the

achievement of the MDGs. You may conduct a survey on one of the
following:
(i) Achieve Universal Primary Education by 2015. Interview about
fifty children (boys and girls) aged 8 to 15 years who are out of
school. Write a short report on why children fail to complete
primary education in your area.
(ii) Promote Gender Equality. Find out the percentage of boys and girls
per Grade at any one Basic School and one High School in your
area (District). Find out which gender has more posts of
responsibility in the school. Write a report stating whether you
think the two schools will achieve the MDG on Gender Equality.
Name of Basic School…………………………………………………………….
Total enrolled Percentage
Grade Boys Girls Boys Girls
1
2
3
4

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5
6
7
8
9
Grand Totals

Name of High School…………………………………………………………….

Grade Total Enrolled Percentage Enrolled

Boys Girls Boys Girls
10
11
12
Grand Totals

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