Selected significant recent legislation passed by the Zambian Parliament up to June 2025

Selected significant recent legislation passed by the Zambian Parliament up to June 2025

Professor Munyonzwe Hamalengwa

Dean, School of Law, Zambian Open University

Introduction

THIS paper outlines some recent pieces of legislation that have significantly changed the Zambia legal landscape between 2021 and 2025. The pieces of legislation considered include whole new statutes and some amendment Acts.

1. Data Protection Act No. 3 of 2021

The Data Protection Act, 2021, enacted by the Parliament of Zambia on 24^th March 2021, provides a comprehensive framework for the use and protection of personal data. It regulates the collection, use, transmission, storage, and processing of personal data, establishes the Office of the Data Protection Commissioner, outlines the registration of data controllers and licensing of data auditors, specifies duties of data controllers and processors, and safeguards the rights of data subjects. The Act aims to ensure privacy and data protection while addressing matters incidental to these objectives.

The Act came into operation on 31^st March 2021 upon the promulgation of the Data Protection Act (Commencement) Order, 2021.

Significance

The Act establishes a robust framework to protect personal data, balance privacy with legitimate processing needs, and enforces compliance through oversight, heavy penalties, and data subject rights.

2. Children’s Code Act No. 12 of 2022

The Children’s Code Act, 2022 was enacted by the Parliament of Zambia on August 9, 2022. The Act consolidates and reforms laws relating to children, aiming to protect and promote their rights. It domesticates international conventions, including the Convention on the Rights of the Child, the African Charter on the Rights and Welfare of the Child, the Convention on Protection of Children and Cooperation in Respect of Inter-Country Adoption, and the Convention on the Civil Aspects of International Child Abduction. The Act repeals outdated legislation, such as the Legitimacy Act (1929), Juveniles Act (1956), Adoption Act (1956), and Affiliation and Maintenance of Children Act (1955). Its objectives include safeguarding children’s rights, providing for parental responsibility, custody, maintenance, guardianship, foster care, adoption, and protection of children in conflict with the law, while promoting rehabilitation, diversion programs, and child safeguarding.

Significance

The Act provides a comprehensive legal framework to protect and promote children’s rights in Zambia, aligning with international standards. It emphasizes child welfare, rehabilitation, and reintegration, with robust mechanisms for enforcement, oversight, and safeguarding across various contexts, including adoption, foster care, and juvenile justice.

3. Cyber Security Act No. 3 of 2025

The Cyber Security Act, 2025 was enacted by the Parliament of Zambia on 15^th April 2025. The Act aims to provide a comprehensive framework for cyber security in Zambia. It establishes the Zambia Cyber Security Agency, regulates cyber security service providers, constitutes cyber incident response teams, protects critical information and infrastructure, continues the Central Monitoring and Coordination Centre, and repeals the Cyber Security and Cyber Crimes Act, 2021. The Act addresses matters connected with or incidental to cyber security, ensuring national security, public safety, and economic stability. The Act commenced on 12^th May 2025 upon the Republican President passing the Cyber Security Act (Commencement) Order, 2025.

Significance

This Act provides a strong framework to enhance Zambia’s cyber security, protect critical infrastructure, regulate service providers, and ensure compliance through inspections and penalties, aligning with national and international security objectives.

4. Cyber Crimes Act No. 4 of 2025

The Cyber Crimes Act, 2025 was enacted by the Parliament of Zambia on 15^th April 2025. It establishes a legal framework to address offences involving computers and computer systems, protect individuals from cybercrimes, ensure child online safety, and provide for related matters. It cane into operation on 12^th May 2025 upon the relevant Minister passing the Cyber Crimes Act (Commencement) Order, 2025. The Act aligns with definitions from related laws like the Cyber Security Act, 2025 and the Electronic Communications and Transactions Act, 2021.

Significance
This Act further strengthens Zambia’s legal framework to combat cybercrimes, protect critical infrastructure, ensure child safety online, and facilitate international cooperation, with severe penalties to deter violations and robust provisions for enforcement and investigation.

5. Minerals Regulation Commission Act No. 14 of 2024

This Act was enacted on 26^th December 2024. The Minerals Regulation Commission Act, 2024, regulates the development and management of Zambia’s mineral resources. It establishes the Minerals Regulation Commission, creates the Mining Appeals Tribunal, repeals the Mines and Minerals Development Act, 2015, and addresses matters related to exploration, mining, processing, and trading of minerals. The Act vests all mineral rights in the President on behalf of the Republic of Zambia and promotes sustainable development, environmental protection, and equitable access to mineral resources.

Significance

This Act provides a comprehensive framework for regulating Zambia’s mineral sector, emphasizing sustainability, environmental protection, and community benefits while establishing strong governance through the Commission and Tribunal. At the time of this paper, the Act’s Commencement Order had not yet been passed.

6. Geological and Minerals Development Act No. 2 of 2025

Enacted on 8^th April 2025 and published on 15^th April 2025, the Geological and Minerals Development Act 2025, provides a framework for geological surveys, mapping, and exploration in Zambia. It establishes the Artisanal and Small-Scale Mining Fund and promotes sustainable mineral resource development, citizen empowerment, and local content in mining operations.

Significance

This Act complements the Minerals Regulation Commission Act, 2024, by focusing on geological surveys, artisanal and small-scale mining support, investment promotion, and local content, aiming to foster sustainable mineral development and economic empowerment in Zambia. At the time of this paper, the Act’s Commencement Order had not yet been passed.

7. Human Rights Commission Act No. 4 of 2024

The Human Rights Commission Act, 2024, was enacted by the Parliament of Zambia on 16^th August 2024. The Act provides for the membership, functions, operations, and financial management of the Human Rights Commission. It repeals and replaces the Human Rights Commission Act of 1996 and addresses matters connected with or incidental to the foregoing. At the time of this paper, the Act’s Commencement Order had not yet been passed.

Significance

The Act strengthens the Commission’s role in protecting and promoting human rights in Zambia through structured governance, investigative powers, and financial accountability, ensuring alignment with constitutional and international obligations.

8. Access to Information Act No. 24 of 2023

The Act was enacted on 22^nd December 2023 and published on 26^th December 2023. The Act establishes the right to access information held by public and private bodies in Zambia. It outlines procedures for requesting information, sets limitations on disclosure, and aligns with international obligations under the United Nations Convention against Corruption and the African Charter on Human and Peoples’ Rights. At the time of this paper, the Act’s Commencement Order had not yet been passed.

Significance

This Act promotes transparency and accountability by ensuring access to information, with clear procedures and exemptions, while empowering the Human Rights Commission to oversee compliance and handle appeals.

9. Judicial Training Institute of Zambia Act No. 14 of 2023

This Act was enacted on 22^nd December 2023 and published on 26^th December 2023. The Act establishes the Judicial Training Institute of Zambia to provide continuing professional development for judges, judicial officers, and judicial staff. The Act aims to enhance the quality of the justice system, constitutes the Council of the Institute, and outlines its functions and administration. At the time of this paper, the Act’s Commencement Order had not yet been passed.

Significance

This Act establishes a framework for professional development within Zambia’s judiciary, aiming to improve justice delivery through structured training, research, and collaboration, governed by a Council with clear administrative and financial provisions.

10. Lands Tribunal (Amendment) Act No. 7 of 2024

This Act amendment Act was passed on 16^th August 2024. The Act amends the Lands Tribunal Act No. 39 of 2010. It establishes the principal registry of the Lands Tribunal at Lusaka. The Chairperson of the Tribunal may, by Gazette notice, designate district registries in a place that the Chairperson may determine. This will ensure decentralisation of the Tribunal. The amendment Act now vests appellate jurisdiction from the decision of the Lands Tribunal to the Court of Appeal. This is unlike the previous arrangement under which appeals lay with the High Court.

Significance

The Act decentralises the presence of the Lands Tribunal and enhances its appellate process.

11. Property Transfer Tax (Amendment) Act No. 27 of 2024

The amendment Act was passed on 29^th December 2024 and came into operation on 1^st January 2025. The Act aligns the definition of intellectual property with the relevant Acts and it introduces the definitions of ‘building society’ and ‘moneylender’. The Act increases the property transfer tax rate to 8% from 5% on the transfer of land, shares, intellectual property and on the transfer of a mining right for an exploration licence. The Act also extends the use of the actual price, to building societies and money-lenders, as realised value for foreclosed property.

Significance

The Act harmonises its definition of intellectual property with relevant pieces of legislation on intellectual property. The increase in the tax rate is important to know for those involved in conveyancing and other property transfers so as to ensure their transactions are tax compliant.