Intergovernmental Profile: Zambia

Zambia’s public sector has a three-tiered subnational governance structure, including the central government level, the provincial administration level, and the local government (Local Authority) level. The ten provincial administrations in Zambia do not operate as a separate government level, as provinces form a deconcentrated administrative level of the central government. Provinces are further territorially subdivided into 116 district jurisdictions.

The Local Government Act (2019) provides the legal basis for the establishment and operation of local authorities at the district level, including City Councils (5), Municipal Councils (15) and Town Councils (96), for a total of 116 Local Authorities. (Despite their name, Town Councils are the governing body for rural districts). Although minor distinctions exist between the three types of local authorities, in practice, their powers, functions and legal status are identical.

Central and local territorial-political jurisdictions at different levels are vertically aligned in Zambia, so that local districts are subdivided into parliamentary constituencies. Local governments are further subdivided for electoral and administrative purposes into wards and zones. The Local Government Act (2019) provides for Ward Development Committees, while the Constituency Fund Development Act (2018) establishes a Constituency Development Fund Committee in each constituency, which is administered by the local authority. The Constituency Development Fund Committee—led by the Member of Parliament from the constituency—that has the power to prioritize and determine the projects to be funded from the Constituency Development Fund by “develop[ing] and submit[ting] a project list to the local authority for onward transmission to the Minister”.

The provincial level in Zambia does not operate as a separate government level, but rather as a deconcentrated administrative tier of the central government. The Constitution provides for the President to appoint a Provincial Minister for each Province from among Members of Parliament. The Provincial Minister is the head of the central government apparatus in the province, tasked to ensure that national policies are implemented in all districts in the province. Each province has its own budget vote in the central government budget alongside sector ministries. The provincial secretariat has the overall responsibility over province administration and performs other functions as prescribed.

By contrast, local authorities should be considered hybrid local governance institutions, combining features of devolution and deconcentration. Legally, local authorities (or councils) are corporate bodies established and governed by the Local Government Act (2019). In practice, however, local authorities have limited authority and autonomy. Politically, Members of Parliament are not ex officio members of the local council, but MPs control the CDF Committees that determines most local authorities’ capital development funding. In addition, local councils being subject to significant vertical political influence. Administratively, local executive officers (Town Clerks and Council Secretaries) are appointed under the control of the central government, while local government staff appointments and transfers are made by the (centrally-appointed) Local Government Service Commission. Fiscally, a significant share of local spending is determined by Members of Parliament (through the Constituency Development Fund Committees) rather than by the local council.

Provincial administration in Zambia is an extension of the central government at the provincial level and is responsible for administration and coordinating effective implementation of national programs and policies in the province. Despite not being a separate government level, the 2016 Constitution assigns 32 concurrent functions to the provincial administration with the national government. In practice, the main functions of the province are to facilitate the coordination of planning and implementation of development activities through the Provincial Development Coordinating Committee (PDCC) and the monitoring and supervision of the local authorities.

The 2016 Constitution assigns 53 specific functions to local authorities. Based on the Local Government Act of 2019, the exclusive functions of local authorities are categorized into: general administration; advertisement; agriculture; public street trading and street lighting; community development; local infrastructure; public amenities; public health; public order; registration; sanitation and drainages; and additional devolved functions. In practice, however, the central government retains most public sector funding and human resources under its own control, despite a constitutional mandate for the Government to provide adequate resources for the performance of the functions of the subnational structures. Central government ministries continue to deliver many public services and public infrastructure that fall within the constitutional and legal remit of local authorities, such as public health services. Local Authorities effectively only perform or deliver ‘truly local’ functions and services, such as solid waste management; cemeteries; marriage registration; control of public nuisances; advertisement; street trading; markets and bus stations management; local spatial planning; local business licensing; and firefighting services.