NEWSLETTER March 2025

Issue No. 1
Editor’s Welcome Note
Dear Reader,
Greetings! Welcome to the first issue of the Zambia Legal Information Institute
(ZambiaLII) Newsletter. ZambiaLII is an online platform that publishes case law,
legislation, and gazettes in a digital format. Both Caselaw and legislation uploaded on
the website is unedited. ZambiaLII is a project of the Southern African Institute for
Policy and Research (SAIPAR) under its Law and Justice Unit.

ZambiaLII is part of a global collective of over 65 organisations that publish law for free
online access. The standards developed by this global community have been strictly
implemented into ZambiaLII. Our primary goal is to serve as a reliable source of
accurate and timely legal information and to contribute to the development of a
comprehensive legal information database within our Zambian Jurisdiction.

This newsletter is designed to give our readers a quarterly update about salient legal
developments in Zambia, including new legislation, case summaries from Zambian
Courts, and commentary on key legal issues in our jurisprudence. In addition, we will
also use this newsletter to keep our users informed on our work with collaborating
partners.

Special thanks to the contributors and co-editors of this issue. To our readers, give us
your feedback on how we can enhance future newsletters via our email.
Page 1 ZambiaLII Newsletter
Have a great read!
Mwami Kabwabwa
Editor
 LEGISLATIVE DEVELOPMENTS
Green Economy and Property Transfer Minerals Regulation
Climate Change Act Tax (Amendment) Commission Act No. 14 of
No. 18 of 2024 Act No. 27 of 2024 2024
On 20th December 2024, TThe Property Transfer Tax The Minerals Regulation

the Green Economy and (Amendment) Act introduced Commission Act replaces the

Climate Change Act was changes to Zambia’s property Mines and Minerals Development

signed into law, awaiting transfer tax regime, effective 1st Act, 2015. The new Act introduces

operationalization through a January 2025. important structural and

statutory instrument from A major update is the increase regulatory changes such as:

the Minister of Green of property transfer tax rates the formation of the Minerals

Economy. from 5% to 8% for land, Regulation Commission to

The Act focuses on climate buildings, shares, and oversee mineral resource

change in Zambia, showing intellectual property. development.

the country’s commitment Additionally, the definition of granting comprehensive

to global standards in taxable intellectual property powers to the Commission,

climate action. It aims to now includes patents, including the authority to issue

tackle climate change trademarks, industrial designs, and revoke mining and non-

impacts and set a and copyrights. mining rights, enforce

framework for green Mining Licenses and Mineral environmental compliance, and

economy initiatives and Processing Licenses are now suspend operations for non-

climate programs. Key taxed at 10%, while Mining compliance.

provisions include creating Exploration Licenses are taxed creation of a Board within the

the Green Economy and at 8%. Commission, consisting of

Climate Change Fund, New rules for foreclosed representatives from key

developing adaptation and properties state that taxes will ministries and civil society to

mitigation plans, be based on the actual sale price provide strategic oversight.

establishing a greenhouse instead of market value. Click differentiating between mining

gas inventory, introducing a the button below for the full and non-mining rights and

Carbon Stock Management Act. mandating environmental

System, and regulating impact assessments for all

carbon markets. Click the licenses.

button below for the full the imposition of restrictions on

Act. the granting of rights to

companies not incorporated in
Zambia and prioritisation of
Green Economy and Property Transfer Tax citizen-influenced enterprises.
Climate Change Act (Amendment) Act In fiscal regulation, the Act
reinforces mineral royalties and
charges, enhancing enforcement
mechanisms and introducing
stricter controls over royalty
payments.
Click the button below for the full
Act.
Page 1
Minerals Regulation
Commission Act
 CASE SUMMARIES

Gillian Kasempa Mutinta v New Future Financial Company Limited and Anor
(APPEAL NO.13/2023; SCZ/08/23/2023) [2025] ZMSC 3 (10 January 2025)
Court: The Supreme Court of Zambia
Summary Author: Chanda Mwape (SAIPAR)
This Judgment dealt with a situation where a contract between a lender and a
borrower was purporting to be a contract of sale when in fact the terms of the
contract and the evidence on record indicated that the contract was a loan
agreement and not a contract of sale.
Read Full Case summary here.

Kingfred Phiri v Life Master Limited (APPEAL NO. 24 OF2023) [2024] ZMCA 335
(10 December 2024)
Court: Court of Appeal of Zambia
Summary Author: Maria Kasoma (SAIPAR)
The Court of Appeal dismissed an appeal concerning entitlement to severance pay
and enhanced damages for unfair dismissal, reaffirming that employees dismissed
for disciplinary reasons are not eligible for severance pay under Section 54 of the
Employment Code Act.
Read Full Case Summary here.
Read the Employment Code Act here.

Job Mabuti v Dr. Henry Mbushi, S.C (T/A HBM Advocates) (2023/HP/1251) [2024]
ZMHC 287 (15 November 2024)
Summary Author: James Chimbala (SAIPAR)
Court: High Court for Zambia

The Judgment concerned a Legal practitioner’s right to a lien. Particularly

whether a legal practitioner can withhold a client’s funds as a lien for unpaid
legal fees owed to him/her .
Read Full Case Summary here.
 NEWSLETTER ARTICLE
THE TRANSFORMATIVE POWER OF FREE ACCESS TO LAW IN ENABLING ACCESS TO JUSTICE AND

NEWSLETTER
THE RULE OF LAW

By Mwami Kabwabwa and Maria Kasoma (SAIPAR)

Access to free, accurate, and up-to-date legal information is a pillar in the advancement of justice,
the promotion of economic development, and the enhancement of government transparency. Legal
information should not be regarded as the exclusive preserve of legal professionals. Rather, it must
be treated as a public good and essential to the functioning of a democratic society, the promotion
of the rule of law, the fight against corruption, and the strengthening of legal compliance.

For governments to function within the limits of the law, they must have ready access to the law that
defines and constrains their powers. Equally, citizens must be able to access the laws that govern
them to understand both their rights and their responsibilities. Legal practitioners require prompt
and reliable access to legal materials to provide competent advice and representation to their
clients. Furthermore, the media (often referred to as the fourth estate) plays a role in holding
government accountable. To fulfil this function effectively, the media must be able to scrutinise
laws, track legal developments, and communicate these matters to the public, thereby serving as a
link between the courts, government institutions, the legislature, and society at large.

Despite the importance of legal information to democratic governance and the rule of law, access
remains a significant challenge in many African jurisdictions, including Zambia. Strangely,key
stakeholders such as judges, magistrates, government officials, legal practitioners, academics, and
law students frequently encounter difficulties in obtaining legal information. These challenges stem
from a range of factors, including limited financial and infrastructural resources, poor systems of
legal information management, and, in some instances, a culture of secrecy surrounding government
documents and processes.
Access to legal information such as legislation, judicial decisions, and government gazettes is often
irregular, incomplete, or entirely unavailable to the public. This situation hinders the proper
administration of justice and undermines efforts to foster civic education, encourage public
participation in governance, and ensure accountability across institutions.

Although the responsibility for making legal information available rests primarily with the
government, it is necessary that other stakeholders with the necessary capacity step in to
complement and support these efforts. Institutions such as ZambiaLII (Zambian Legal Information
Institute) provide a practical and sustainable solution by making legal materials freely available
online. Through digital platforms, laws, court judgments, statutory instruments, and gazettes can be
disseminated widely, allowing for equitable access regardless of geographical or financial limitations.

In conclusion, open access to legal information is not merely a technical concern; it is a democratic
imperative. Ensuring that every Zambian, regardless of profession or position, can engage with the
law strengthens the foundations of justice and fosters a more transparent, accountable, and
inclusive society.
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 NEW FEATURE ON ZAMBIALII

We are pleased to inform you that we now have a special collection for
corruption-related cases here.

DID YOU KNOW?

Did you know that there is a law in Zambia that
criminalises animal cruelty?
The Prevention of Cruelty to Animals Act, Chapter 245 of
the Laws of Zambia, prohibits ill-treatment, overloading,
torture, and the administration of poisonous or injurious
substances, among other acts and omissions. Individuals
found guilty of an offence under the Act may be fined or
imprisoned.
SUPPORT
ANIMAL
RIGHTS!
OUR FURRY
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