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The ZCAS/ZCAS University Institutional Repository is a platform that collects, preserves, and provides open access to the intellectual output of ZCAS Professional and ZCAS University.

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ZCAS/ZCAS University Institutional Repository

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School of Business
This school incorporates all the best business aspects that ZCAS University has to offer.
School of Computing, Technology and Applied Sciences
This Collection incorporates all Research works, Thesis and Dissertations under the School of Information Communication Technologies
School of Law
This Collection incorporates all Research works, Thesis and Dissertations under the School of Law
School of Social Sciences
This Collection incorporates all Research works, Thesis and Dissertations under the School of Humanities and Social Sciences
ZCAS Professional
This Collection incorporates all Research works, Thesis and Dissertations under ZCAS Professional

Recent Submissions

An Assessment of Zambia’s Legal Framework Governing Carbon Trading: Challenges and Prospects for Climate Change Mitigation
(ZCAS University, 2026) Weza Kaleyi
This study assessed the legal framework for carbon trading in Zambia critically analyzing recent reforms such as the Green Economy and Climate Change Act No. 18 of 2024. The objectives of the study was to evaluate both international and domestic legal frameworks governing carbon trading, identify key barriers, and explore opportunities for strengthening Zambia’s climate mitigation efforts through market mechanisms. The research employed a doctrinal legal analysis methodology, analysing statutes, policies, and scholarly literature. The findings of the study revealed that although recent reforms, such as the Green Economy and Climate Change Act of 2024, provide a foundation for carbon market development, significant legal and institutional gaps persist, particularly regarding land rights, transparency, stakeholder participation, and enforcement capacity. Therefore, the study recommends legal reforms to clarify rights, enhance capacity building initiatives, and establish transparent benefit sharing mechanisms. It also suggests that developing a thorough monitoring, reporting, and verification systems are essential for market credibility. It is recommended that future research should focus on empirical stakeholder engagement and practical implementation challenges on the ground to inform more tailored and effective policy reforms for fully realizing Zambia’s potential in carbon trading as a climate change mitigation tool.
Benefit-Sharing in Land-Based Carbon Projects: The Adequacy and Certainty of Zambia's Legal Framework
(ZCAS University, 2026) Lucy Panduka Musonda
This study asks whether Zambia's legal framework secures equitable and certain benefit-sharing in land-based carbon projects. Benefit-sharing denotes the legal arrangements by which the financial and non-financial returns from carbon projects are allocated among project developers, the State, landowners and host communities. The question is timely because Zambia has placed carbon trading on a statutory footing through the Green Economy and Climate Change Act, 2024 (hereinafter 'the GECC Act') and the Green Economy and Climate Change (Carbon Market) Regulations, 2026. Whether these instruments convert benefit-sharing into enforceable entitlements, rather than leaving it to the bargaining power of the parties, is the study's central concern. The study analyses the relevant statutes, subsidiary instruments and constitutional provisions and develops six evaluative criteria, namely clarity of carbon rights, statutory specificity, enforceability, transparency and accountability, participation and constitutional alignment, drawn from the literature on distributive justice, fiduciary stewardship, property rights and political economy and from the Paris Agreement, the Reducing Emissions from Deforestation and Forest Degradation in developing countries (REDD+) safeguards and the United Nations Declaration on the Rights of Indigenous Peoples. These criteria are then applied, provision by provision, to the Zambian framework and to the comparator jurisdictions, so that the assessment rests on stated standards rather than impression. Applying these criteria, the study finds the framework procedurally elaborate but substantively under-determined. Section 22 of the Act vests carbon in the President without articulating the derivative entitlements of communities and landowners; section 21(7) makes the community development and benefit-sharing agreement conditional on an undefined 'where applicable' test and defers its content to regulation; and the Carbon Market Regulations introduce a volume-based share of proceeds and a model template but prescribe no minimum community share, no formula and no accessible enforcement pathway. The framework therefore performs poorly on clarity of carbon rights, statutory specificity and enforceability, and is open to question on constitutional alignment with Article 255 of the Constitution and the principle of legality. Comparative analysis of Kenya and Tanzania yields five reform principles: a statutory minimum community allocation (Kenya prescribes forty per cent of land-based project earnings); an upstream recognition of carbon rights; a registry-based transparency infrastructure; community-accessible enforcement pathways; and an operational free, prior and informed consent standard. The study concludes that the framework codifies the architecture of carbon trading without codifying the architecture of carbon justice and recommends targeted amendments to the Act and the Regulations to recognise carbon rights, fix a minimum community share, make benefit-sharing a precondition of authorisation, require consent and mandate public disclosure. The study is confined by the novelty of the framework and the limited Zambian case law and literature on the post-2024 architecture, but it offers a doctrinal foundation for the legislative reform that equitable and certain benefit-sharing in Zambia now requires.
An Evaluation of the Principle of Accountability and Transparency under the Companies Act No 10 Of 2017
(ZCAS University, 2026) Kaku Kayombo
This research paper is primarily focused on assessing whether the Company Law Act No. 10 of 2017 has efficiently and effectively promoted the principles of Transparency and Accountability, bearing in mind that these principles are considered the most important corporate principles in corporate governance. Accountability, referring to those in power being answerable to those who gave them the power, the shareholders are considered the owners of the company, while the Directors and Secretaries are considered to be company officers, who have the sole responsibility of running the affairs of the company, which holds such a high degree of power, Transparency which refers to full disclosure of company records to those that are entitled to that full disclosure. Corporate governance laws may differ from country to country, but the principles remain constant. In determining the efficiency of the company law act, other legislative frameworks have proven to promote accountability and transparency, and these frameworks include the Banking and Financial Services Act, Securities and Exchange Act. All these Acts give birth to Regulatory bodies that ensure that corporate governance is respected and promoted. For example, the Securities Exchange Act gave birth to the Securities Exchange Commission, the Banking and Financial Services Act gave birth to the Bank of Zambia, which has the sole responsibility of promoting corporate governance in financial institutions the securities exchange commission has the responsibility of, regulating and fostering fair and efficient trading through licencing and regulating securities exchanges, clearing and settlement agencies and self-regulatory organizations; to ensuring the financial integrity of transactions and avoidance of systemic risk in the capital markets, providing for licensing and regulation of capital markets operators, to providing for licensing and regulation of credit rating agencies. Lastly, this paper addresses the fact that the corporate governance laws of Zambia should not exist in isolation, but rather it is cardinal that lessons may be drawn from other countries such as Kenya and South Africa
An Analysis of Copyright Protection and Enforcement in the Digital Era in Zambia
(ZCAS University, 2026) Natasha Chiluba Ngoma
Copyright protection and enforcement in Zambia is governed by the Copyright and Performance Rights Act Chapter 406 of the laws of Zambia, read together with its Amendment No. 25 of 2010. Copyright law protects the rights of the owner of literary, musical, dramatic and artistic works against those who copy or otherwise take and use the form in which the original work is expressed by the author. With the advancement in technology, the replication and sharing of copyrighted materials without proper authorisation has been made easy. As a result, copyright infringement has become a prevalent issue, challenging the effectiveness of traditional IPR enforcement frameworks which were not designed to address the rapid and widespread dissemination of digital content. It is with this view that the researcher undertakes to analyse copyright law in Zambia as well as the enforcement mechanisms currently in place in order to determine whether they are in line with modern trends in copyright, especially with the ever changing and widespread application of digital technology and the use of digital networks such as the internet which has brought about new challenges in the exercise, management and enforcement of copyright and related rights. This research will discuss the current legal framework of Copyright in Zambia, the effect of the digital age on the protection and enforcement of Copyright, analyse the current enforcement mechanisms for Copyright in Zambia and suggest practical steps for effective enforcement of Copyright and related rights in the digital age in Zambia.
An Analysis of Copyright Protection and Enforcement in the Digital Era in Zambia
(ZCAS University, 2026) Natasha Chiluba Ngoma
Copyright protection and enforcement in Zambia is governed by the Copyright and Performance Rights Act Chapter 406 of the laws of Zambia, read together with its Amendment No. 25 of 2010. Copyright law protects the rights of the owner of literary, musical, dramatic and artistic works against those who copy or otherwise take and use the form in which the original work is expressed by the author. With the advancement in technology, the replication and sharing of copyrighted materials without proper authorisation has been made easy. As a result, copyright infringement has become a prevalent issue, challenging the effectiveness of traditional IPR enforcement frameworks which were not designed to address the rapid and widespread dissemination of digital content. It is with this view that the researcher undertakes to analyse copyright law in Zambia as well as the enforcement mechanisms currently in place in order to determine whether they are in line with modern trends in copyright, especially with the ever changing and widespread application of digital technology and the use of digital networks such as the internet which has brought about new challenges in the exercise, management and enforcement of copyright and related rights. This research will discuss the current legal framework of Copyright in Zambia, the effect of the digital age on the protection and enforcement of Copyright, analyse the current enforcement mechanisms for Copyright in Zambia and suggest practical steps for effective enforcement of Copyright and related rights in the digital age in Zambia.