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Critical assessment of the legislative framework for private and public-private models of special economic zones in Zambia

Dissertation (LLM)--University of Pretoria, 2014.

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Other Authors: Soyeju, Olufemi Olugbemiga
Format: Thesis
Language:English
Published: University of Pretoria 2015
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access_status_str Open Access
author2 Soyeju, Olufemi Olugbemiga
author_browse Soyeju, Olufemi Olugbemiga
author_facet Soyeju, Olufemi Olugbemiga
collection Thesis
dc_rights_str_mv © 2014 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.
description Dissertation (LLM)--University of Pretoria, 2014.
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institution University of Pretoria (South Africa)
language English
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provenance_str_mv Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository
publishDate 2015
publishDateRange 2015
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publisher University of Pretoria
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spelling oai:repository.up.ac.za:2263/43703 Critical assessment of the legislative framework for private and public-private models of special economic zones in Zambia Soyeju, Olufemi Olugbemiga mandomunuka@hotmail.com Munuka, Kate Mando Framework for private and public private zonemodels UCTD Zambia Zambia’s Development Agency Act and Public Private Partnerships Act Dissertation (LLM)--University of Pretoria, 2014. The focus of this study is to critically analyse the legislative framework for private and public private zonemodels in Zambia. The analysisis against the background of Zambia’scommitment to promote private sector development and the initiative to use the investmentpolicy tool of special economic zones (SEZs). The analysis is based on the salient provisions of Zambia’s Development Agency Act and Public Private Partnerships Act which regulate SEZs and public private partnerships respectively.. The main question sought to be addressed is the efficacy of the legislative framework for private and public private model zones, taking into account accommodation of private sector participation and nature of the investment and business environment. In addressing this question this study will analyse the salient provisions of the aforementioned laws showing how private sector actors are accommodated in the development and operation of the zones.The provisions under the aforementioned laws are to an extent analysed in conjunction with some of Zambia’s international trade and investment obligations such as the World Trade organisation Trade Related Investment Measures. An examination of how the incentives in SEZs are used is also provided as well as some lessons from Ghana, Mauritius and identified international best practices The main findings of the study include the following:  In so far as admission of investors to develop and operate SEZs is concerned the legislative framework does not generally discriminate between local and foreign investors and that admission through PPPs accommodates various kinds of well-known PPPs, even allowing prospective investors to kick start projects through submission of unsolicited proposals;  The need for Zambia’s SEZ policy to continuously evolve and diversify by undergoing relevant changes and improvements so that it remains relevant and adapts to the evolving nature of market availability and needs of SEZs whilst leveraging on Zambia’s comparative advantages;  The interplay between SEZs and Zambia’s international obligations present challenges and opportunities and thus revealing cause for the better appreciation of opportunities and complexities of SEZ policies and consequence of Zambia’s membership in more than one regional arrangement Need to periodically review the incentive structure so that Zambia does not inadvertently loss revenue through incentives that do not necessarily prove useful to investors or yield the intended benefits for the country. Based on the foregoing findings, among others,this study concludes that factors relating to the establishment of SEZs in Zambia incorporate private sector participation through the lifecycle of SEZs, that is to say from the time the investment is sought to be made to when it is becomes operationalmaking significant stride towards achieving openness to private sector participation through private and public private zone models. Against the foregoing findings and conclusion this study recommends,interalia, forcontinuous and timely observation and assessment of the shifts in use of SEZ policies vis-à-vis changes in the macroeconomic conditions in whichthe SEZ policy is to be implemented and investor market availability. The rationale of the recommendation is so that any necessary review of the Zambian SEZ policy and pursuit of enhanced private sector development is done from an informed position. gm2015 Centre for Human Rights LLM Unrestricted 2015-02-17T12:17:40Z 2015-02-17T12:17:40Z 2014-12-10 2014 Mini Dissertation Munuka, KM 2014, Critical assessment of the legislative framework for private and public-private models of special economic zones in Zambia, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/43703> M14/12/500/gm http://hdl.handle.net/2263/43703 en © 2014 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria
spellingShingle Framework for private and public private zonemodels
UCTD
Zambia
Zambia’s Development Agency Act and Public Private Partnerships Act
Critical assessment of the legislative framework for private and public-private models of special economic zones in Zambia
title Critical assessment of the legislative framework for private and public-private models of special economic zones in Zambia
title_full Critical assessment of the legislative framework for private and public-private models of special economic zones in Zambia
title_fullStr Critical assessment of the legislative framework for private and public-private models of special economic zones in Zambia
title_full_unstemmed Critical assessment of the legislative framework for private and public-private models of special economic zones in Zambia
title_short Critical assessment of the legislative framework for private and public-private models of special economic zones in Zambia
title_sort critical assessment of the legislative framework for private and public private models of special economic zones in zambia
topic Framework for private and public private zonemodels
UCTD
Zambia
Zambia’s Development Agency Act and Public Private Partnerships Act
url http://hdl.handle.net/2263/43703