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Reconciling Statutory Protections and Constitutional Rights in Zambian Consumer Law: A Doctrinal and Normative Critique of Regulatory Gaps and Judicial Responses

Author

Listed:
  • Alex Chola Kafwabulula

    (University of Zambia, Institute of Distance Education, Lusaka, Zambia)

  • Austin Mwange

    (The University of Zambia, Graduate School of Business, Lusaka, Zambia)

Abstract

This article interrogates the doctrinal and normative coherence between statutory consumer protection mechanisms and the broader constitutional rights enshrined in Zambia’s legal order. It critically examines the extent to which the constitutional framework supports, limits, or remains indifferent to evolving consumer protection regimes. Using a doctrinal legal research methodology complemented by comparative normative analysis, the study evaluates primary sources of Zambian law, particularly the Constitution of Zambia (Amendment) Act No. 2 of 2016, and core statutory instruments such as the Competition and Consumer Protection Act No. 24 of 2010. It draws upon judicial decisions and scholarly commentaries to assess how courts have interpreted constitutional guarantees in the context of consumer rights disputes. The article reveals that despite significant legislative strides, Zambia’s consumer law regime remains partially insulated from the normative force of constitutional supremacy, often resulting in fragmented enforcement and inconsistencies in legal reasoning. This analysis contributes to the discourse on aligning statutory regimes with constitutional imperatives and calls for deliberate judicial activism, harmonisation of laws, and constitutional entrenchment of socio-economic rights to secure substantive consumer justice.

Suggested Citation

  • Alex Chola Kafwabulula & Austin Mwange, 2025. "Reconciling Statutory Protections and Constitutional Rights in Zambian Consumer Law: A Doctrinal and Normative Critique of Regulatory Gaps and Judicial Responses," African Journal of Commercial Studies, African Journal of Commercial Studies, vol. 6(2).
  • Handle: RePEc:cwk:ajocsk:2025-55
    DOI: 10.59413/ajocs/v6.i2.22
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    JEL classification:

    • K15 - Law and Economics - - Basic Areas of Law - - - Civil Law; Common Law
    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law
    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)

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