Zambia’s rule of law backslides down the slippery slope

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Shameless overreach by the government is having real-world effects on business and investment

Zambia has a long tradition of the rule of law, a clear separation of powers and an effective and responsible judiciary. So it is worrying that it is slipping down the World Justice Project rule of law index, with worsening scores in the categories of government powers, fundamental rights, absence of corruption, criminal justice and open government.

What is going on? The rule of law is meant to safeguard a stable investment environment where investors, local or foreign, can trust that their assets won’t be affected by political whim. It also ensures that regulators and the courts remain impartial and free of political interference. The media is free to report on, criticise and challenge the government, the courts and the private and public sectors.

As permanent secretary Barnaby Mulenga said: “It is the desire of the government that the ministry gains full oversight of the mineral supply and value chain to ensure effective monitoring of mineral production and exports.” The rule of law and separation of powers are meant to build institutional defences against the creation of absolute power. When one part of the system becomes too powerful , other bodies such as parliament or public regulators naturally defer to that power. By this the framework has not necessarily changed, but the effect of their respective powers has. Critically important and supposedly objective institutions remain independent in name only.

 

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