University of Lusaka School of law Administrative law

University of Lusaka School of law Administrative law Unit 3: The History and development of Administrative law in Zambia

OUTLINE § The Historical Development of Administrative § § § Structures in Zambia The Making of Northern Rhodesia Developments under the BSA Company rule Developments during the Direct British Rule Developments during the Federation of Rhodesia and Nyasaland Developments after independence

Definition Continued § Law which regulates the exercise of power conferred under the law upon Govt. bodies or agencies § The legal regulation of Govt. power. § In short, it is concerned with fairness in decision making by Govt. or it’s agencies. A strong belief of unfairness or bad governance may result in a revolt.

HISTORICAL DEVELOPMENTS § Constitutions define Administrative Structures in Government. Constitutions depend on the historical development in a Country. § The Constitutional developments of a Country are dictated by it’s past. Inevitably, the Administrative Law and it’s developments are determined by the history of the Country § The draft constitution was rejected because based on their experience people felt it was not the best document to govern us.

MAKING OF NORTHERN RHODESIA § The Original inhabitants of modern Zambia were called San. They led a Nomadic life and came from the stone age era. They were the only inhabitants of the region until around 4 th Century when the bantu or Tonga people started to migrate from the North. § The immigrants were farmers and had better technology than the bushmen they found. Even today the Tonga’s are knowledgeable and good farmers in food production and cattle farming.

Continued § With the introduction of Agriculture the population grew and more land was cultivated. By the 11 th and 12 Century the Society was developing and long distance trade was developing. Copper crosses were used as currency, copper mining was intensifying.

Continued § Between the period 16 th and 19 th Centuries organized Iron Age Kingdoms emerged. Four Kingdoms emerged: Ø Kazembe – Lunda in the North centered around the lower Luapula River Ø Bemba in the North East Ø Chewa in the East Ø Lozi in the West

Arrival of w. Hite settlers § Except for an occasional Portuguese explorer, the area remained untouched by Europeans for centuries. After the mid 19 th Century, it was penetrated by western explorers, missionaries and traders. David Livingstone, in 1855 visit the area. § In 1888 Cecil Rhodes spearheaded British commercial and political interests in central Africa, obtained mineral rights concession from local chiefs. Northern and Southern Rhodesia were proclaimed British protectorate. § The territory was administered by the British South Africa Company which had signed a Charter with the British Government.

DEVELOPMENTS UNDER BSA RULE § 2 factors led to the creation of the BSA Company; Øi. ) Persistent beliefs that there were vast Gold deposits in the area ØIi. ) the desire to acquire fresh pieces of land in Africa for future developments

§ The creation of the Company was the work of John Cecil Rhodes. A treaty was signed with Lobengula on 30 th October 1888. This marked the beginning of British Power in central Africa. §The general western thinking at the time was that economic, social and political activities were not possible unless pursued with an established legal order and administrative structure.

§ The Company maintained peace and order. It was empowered to make laws for the territory and establish a police force. § In 1889, Francis Coilard established a mission in Barotseland. In 1890, Lewanika signed a concession with Rhodes’ emisary Frank Lochner. The Concession granted Lewanica protection, estasblished schools and trading stations.

§ The British Government had power to supervise the activities of the Company and lay down conditions which had to be fulfiled. § Ruled by way of Orders in Council. These were ; Ø i. ) Barotseland - North Western Rhodesia Order in council Ø Ii. )North East Rhodesia Orders in Council

§ By 1911 economic and social conditions in North Eastern Rhodesia had improved. The boundary dispute had been resolved and the two were merged. The capital was Livingstone. § The Northern Rhodesia Order in Council was promulgated. § There was a High Commissioner within the territory appointed by her majesty.

§ In 1918 the Advisory Council was established. § In 1924 there were struggles between the Company and settlers. § The Charter between the British Government and the Company was not renewed. § This led to the promulgation of the 1924 Northern Rhodesia Order in Council which introduced direct British Rule.

DEVELOPMENTS UNDER DIRECT BSA RULE § In 1928 important discoveries were made in the region and large copper deposits where found. § In 1935 the capital was transferred to Lusaka. There was a rise in awareness hence in 1935 the famous Copperbelt strike took place. § In 1953, the 2 Rhodesia’s and Nyasaland were merged forming the Federation.

DEVELOPMENTS DURING FEDERATION § In 1962 two stage elections were held which resulted in an African Majority in the Legislative Council. This resulted in an Uneasy coalition between the two African nationalist parties and the Legislative Council. § At the core of the controversy was the insistent African demands for greater participation and the European fear of losing political control.

§ The Council passed resolutions calling for the secession from the federation and demanding for full internal self government under a new constitution and a new national assembly based on a new border. § On 31 st December, 1963 the federation was dissolved and Northern Rhodesia became the Republic of Zambia on 24 th October, 1964.

DEVELOPMENTS AFTER INDEPENDENCE § Between 1964 and 1973 multi party democracy existed. § A new constitution was promulgated on 25 th August, 1973. This constitution introduced the “One Party Participatory democracy” § The Constitution stipulated that the sole candidate for the office of president was the person selected to be president of UNIP at the general conference.

§ The second ranking person in the hierachy was UNIP’s Secretary General. § In December 1990 at the end of a tumultuous year that included an attempted Coup and riots prompting then president to sign legislation ending UNIP rule in Zambia and reintroducing multi party politics in Zambia.

§ In August 1991 a new constitution was enacted. It allowed for more than 1 presidential candidate, introduced an Electrol Commission and enlarged the national Assembly from 136 to a maximum of 158. ( 150 elected and 8 nominated) § The Constitution was again amended to set new limits for the presidential candidate and a two term limit for the presidential candidates. Unlike the previous Constitution.

§ The MMD became the ruling party. § An attempt was made to amend the Constitution in the year 2011 but the amendment failed after the motion filed to yield support of at least two thirds of the National Assembly. § In January, 2016 a the 1990 Constitution was amended.

Salient Features of 2015 Amendments § Introduction of Constitutional Court and Court of Appeal § Amendment of name and functions of office of Investigator General to Public Protector § Introduction of 50 + 1 majority win for presidential candidate § Introduction of having a grade 12 Certificate as minimum qualification for election of councilors and Members of Parliament § Mayor and Deputy to be directly elected

Features Continued § President is still head of State and Government § Principles of Rule of Law, Separation of Powers and Supremacy of the Constitution still in place. § It is likely that the Constitution will be amended yet again as there is growing dissatisfaction regarding a number of clauses.

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