Zambia Law Journal (ZLJ) ISSN Print: 1027-7862 https://ide.unza.zm/index.php/ZLJ Zambia law journal has been in existence for fifty years. It covers research and conceptual papers related law from local and internal scholars. en-US mark.kanyiso@unza.zm (Mark Kanyiso) Mon, 24 May 2021 08:49:22 +0000 OJS 3.1.0.1 http://blogs.law.harvard.edu/tech/rss 60 Licence To Loot: The Failure of Constitutionalism in the Management of Sovereign Debt in Zambia https://ide.unza.zm/index.php/ZLJ/article/view/525 Zambia reached the HIPC completion point in 2005 and had its external debt significantly reduced. The government was cautious to accumulate unsustainable public debt. However, in 2011, a new government was elected into office and has proved less cautious and has accumulated public debt to crisis proportions, under the pretext of infrastructure development. However, evidence is growing that substantial amounts of the moneys being borrowed are being looted through corruption by government officials. This article discusses corruption in Zambia in the contraction and management of public debt. It argues that the looming debt crisis is as a result of failure of constitutionalism in Zambia. The ruling elite, under state authorised looting, have systematically looted substantial amounts of the borrowed money. O'Brien Kaaba ##submission.copyrightStatement## https://ide.unza.zm/index.php/ZLJ/article/view/525 Mon, 24 May 2021 08:44:21 +0000 Zambia's "New" Constitution – Promised so Much, But Delivered so Little https://ide.unza.zm/index.php/ZLJ/article/view/526 Zambian President Mr. Edgar Lungu said the following about amendment of Zambia’s constitution: "We are gathered here today to mark an important milestone in the constitutional history of our country. The nation, and people of this country, will forever remember this day as one that brought us to the shores of giving ourselves a truly people driven constitution since attaining independence in 1964." On the 5th of January 2016, Mr. Lungu assented and signed into law, an Act to amend the Constitution of Zambia. Mr. Lungu’s stated later in his speech that even though a Constitution can make significant change and guarantees right, not even a perfect Constitution can ordain prosperity without individual input and effort. Chanda Chungu ##submission.copyrightStatement## https://ide.unza.zm/index.php/ZLJ/article/view/526 Mon, 24 May 2021 00:00:00 +0000 Social Security Legislation in Zambia and The ILO Social Security (Minimum Standards) Convention, 1952 (No. 102) https://ide.unza.zm/index.php/ZLJ/article/view/527 From time immemorial, societies have recognised the need for social security to protect individuals from uncertainties that would occur in one’s life due to among other things, death of a bread winner, retirement and old age. The occurrences of any of these eventualities pose a threat to people’s economic stability and the wellbeing of the family. Therefore, social security contributes to a country’s overall growth by encouraging savings and sustaining the living standards of those covered. The concept of social security has no established definition. However, the International Labour Organisation (ILO), which has done considerable work in this field has offered a working definition of the concept of social security. Ernest M. Beele, Nancy C. Mulenga ##submission.copyrightStatement## https://ide.unza.zm/index.php/ZLJ/article/view/527 Mon, 24 May 2021 08:46:44 +0000 The Forfeiture of War Medals to The Crown: The Case of Captain Evans (1923) https://ide.unza.zm/index.php/ZLJ/article/view/528 The British Army recognises the brave and chivalrous acts of its soldiers during times of war by awarding them with various medals. Examples of these include, the Military Cross, the Distinguished Conduct Medal, and the Victoria Cross, among others. These awards are prestigious and are a symbol of the bravery, honour and dedication of those to whom they are awarded: to this effect reference may be made to the words of Sir Winston Churchill: "The object of giving medals, stars and ribbons is to give pride and pleasure to those who have deserved them. At the same time a distinction is something which everybody does not possess. If all have it, it is of less value. There must, therefore, be heart-burnings and disappointments on the borderline. A medal glitters, but it also casts a shadow." Fatima Mandhu, Peter Ronald Oliver Jones, Charles Mumba ##submission.copyrightStatement## https://ide.unza.zm/index.php/ZLJ/article/view/528 Mon, 24 May 2021 08:47:17 +0000 Recent Judicial Decisions Criminal Law https://ide.unza.zm/index.php/ZLJ/article/view/529 (i) Kelvin Mwinga and Aphias Muchindu v. The People (Appeal No. 10, 11/2017) (ii) Chrismar Hotel Limited v. Stanbic Bank Zambia Ltd (SCZ Judgement No. 06 of 2017) (iii) Ndola Energy Company Limited v. Lamamuda Limited (Appeal No. 62/2014) (iv) Maguwudge v. Mopani Copper Mines PLC (Appeal No. 234/2013) (v) Kenny Sililo v. Mend-a-Bath and Spencon Zambia Limited SCZ Appeal No. 168/2014 (vi) Reba Industrial Corporation Limited v. Nicholas Mubonde CAZ Appeal No. 005/201 Ellah TM Siang'andu, Chanda Chungu ##submission.copyrightStatement## https://ide.unza.zm/index.php/ZLJ/article/view/529 Mon, 24 May 2021 08:47:54 +0000 Recent Legislation https://ide.unza.zm/index.php/ZLJ/article/view/530 (i) The Refugees Act, No. 1 of 2017 (ii) The Agricultural Institute of Zambia Act, No. 2 Of 2017 (iii) The Compulsory Standards Act, No. 3, 2017 (iv) The Standards Act, No. 4 2017 (v) The Metrology Act, No. 6 of 2017 (vi) The Banking and Finance Act, No. 7 of 2017 (vii) The Companies Act, No 10 of 2017 Sangwani Patrick Ng'ambi ##submission.copyrightStatement## https://ide.unza.zm/index.php/ZLJ/article/view/530 Mon, 24 May 2021 08:48:47 +0000