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

Alex Chola Kafwabulula and Austin Mwange
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Alex Chola Kafwabulula: University of Zambia, Institute of Distance Education, Lusaka, Zambia
Austin Mwange: The University of Zambia, Graduate School of Business, Lusaka, Zambia

African Journal of Commercial Studies, 2025, vol. 6, issue 2

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.

Keywords: constitutional rights; consumer protection; Zambia; judicial interpretation; statutory law; socio-economic rights; legal harmonization (search for similar items in EconPapers)
JEL-codes: K10 K15 K23 (search for similar items in EconPapers)
Date: 2025
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Persistent link: https://EconPapers.repec.org/RePEc:cwk:ajocsk:2025-55

DOI: 10.59413/ajocs/v6.i2.22

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