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Read moreThe study addresses the absence of a clear and enabling legal framework for social enterprises in Zambia, particularly under the Societies Act, which does not recognise social enterprises as a distinct legal category and therefore limits their legal status, governance structures, and operational effectiveness. It examines the adequacy of the Societies Act (Government of Zambia, 1957) in regulating social enterprises and compares it with Kenya‟s Public BenefitsOrganisations Act (Government of Kenya, 2013), which provides a more structured and facilitative legal framework for organisations operating for public benefit. This study employs a qualitative doctrinal legal research methodology, involving an analytical review of primary legal sources, including the Societies Act of Zambia (Government of Zambia, 1957) and the Kenyan Public Benefits Organisations Act (Government of Kenya, 2013), as well as secondary sources such as journal articles, policy papers, and scholarly works. The findings reveal that Zambia‟s legal framework is largely compliance-oriented, does not confer separate legal personality on social enterprises, lacks provisions on profit reinvestment, governance standards, and social impact reporting, and provides no dedicated regulatory institution, thereby constraining the growth and sustainability of social enterprises. In contrast, Kenya‟s framework provides clearer legal recognition, structured governance requirements, and accountability mechanisms that support operational autonomy and public benefit objectives. The study further finds that these differences reflect divergent policy approaches, with Zambia favouring administrative control while Kenya adopts an enabling and facilitative model. It is therefore recommended that Zambia introduces a dedicated legal framework for social enterprises, confers separate legal personality upon registration, establishes mandatory profit reinvestment and governance standards, introduces social impact reporting obligations, creates an independent regulatory authority, and develops a national social enterprise policy to foster a more enabling environment for social entrepreneurship and socio-economic development.
References
1.Government of Zambia. The Societies Act, Chapter 119 of the Laws of Zambia, Government Printers, 1957
2.Government of Kenya. The Public Benefits Organisations Act of the Laws of Kenya, 2013
3.Organisation for Economic Co-operation and Development, Social Enterprises and the Social Economy: Going Beyond the Fringe, OECD Publishing (2019).
4.International Centre for Not-for-Profit Law, An Analysis of the Public Benefit Organisations Act, 2013: ICNL, Kenya, 2014 https://www.icnl.org
5.J. Battilan, & M. Lee, “Advancing research on hybrid organizing: Insights from the study of social enterprises,” The Academy of Management Annals, 8 (1) 2014 p. 2.
6.British Council, The State of Social Enterprise in Zambia (2018).
7.International Centre for Not-for-Profit Law, Civic Freedom Monitor: ICNL, Kenya, 2025 https://www.icnl.org
8.USAID, „Zambia Private Enterprise Programme: Market Systems Analysis', USAID, 2021 https://www.usaid.gov/zambia.
9.S. Edgar, Artisan social enterprises in Zambia: women leveraging purpose to scale impact, Leeds School of Business, University of Colorado at Boulder, Boulder, Colorado, 2023.
10.J. Defourny, & M. Nyssens, "Conceptions of Social Enterprise and Social Entrepreneurship in Europe and the United States: Convergences and Divergences." Journal of Social Entrepreneurship, 13 (1), 2012 p.32.
11.M. N. Iftikhar, (Ed.), Urban Studies and Entrepreneurship, Springer Publishers, Cham, Switzerland, 2020 p. 29.
12.M. Shamboko, Social Entrepreneurship in Zambia, Lusaka, 2022.
13.J Defourny, From Third Sector to Social Enterprise, The Emergence of Social Enterprise, London and New York, Routledge, 2001 p. 19.
14.https://www.muhammadyunus.org/index.php/quotes/
15.M Iftikhar (ed), Urban Studies and Entrepreneurship, Springer 2020.
16.N. Choi and S. Majumdar, “Social entrepreneurship as an essentially contested concept: Opening a new avenue for systematic future research” Journal of Business Venturing, 29 (3), 2014 p. 363.
17.Seelos and J. Mair, Social entrepreneurship: Creating new business models to serve the poor, Business Horizons, 2005 p. 241.
18.K. Peattie and A. Morley, “Eight paradoxes of the social enterprise research agenda,” Social Enterprise 2018, 4 (2) 91.
19.E Bacq and F Janssen, “The Multiple Faces of Social Entrepreneurship” Entrepreneurship & Regional Development, 2011, 23 p. 373.
20.M. Pomerant, “The business of social entrepreneurship in a down economy‟‟ In Business, 25 (3), 2013 p. 25.
21.Prof. K. Peattie and Dr. Morley, Social Enterprises: Diversity and Dynamics, Contexts and Contributions, Cardiff University 2002, p. 7.
22.E. Bacq & F. Janssen, “The multiple faces of social entrepreneurship: a review of definitional issues based on geographical and thematic criteria,” Entrepreneurship and Regional Development, 2011 23 (5-6) p. 373.
23.Chanda Chisala, „Regulation of Civil Society in Zambia‟ Zambia Law Journal, 2018, 10 p. 52.
24.M Tshuma, „The Legal Framework for Social Enterprises in Zambia: Challenges and Opportunities‟ African Journal of Business Law, 2020 5 p. 85.
25.International Centre for Not-for-Profit Law (ICNL), Civic Freedom Monitor: Zambia, ICNL, 2022 https://www.icnl.org
26.Dana Brakman Reiser and Steven A Dean, Social Enterprise Law: Trust, Public Benefit, and Capital Markets, Oxford University Press, 2017 p. 112.
27.M. J. Christie and B. Honig, “Social entrepreneurship: New research findings” Journal of World Business 2006, 41 (1) p. 1.
28.R. J. Martin and S. Osberg, Social Entrepreneurship: The Case for Definition, Stanford Social Innovation Review, Stanford School of Business, 2007 p. 2.
29.S. G. Mort et al, Social entrepreneurship: Towards conceptualization, University of Queensland 2002 p. 2.
30.CUTS International, Advocacy for Legal Recognition of Social Enterprises in Zambia: A Policy Brief, Lusaka 2011. P. 5.
31.https://www.britishcouncil.org/education/non-formal-education/social-enterprise/reports/state social-enterprise
32.M Tshuma, „The Legal Framework for Social Enterprises in Zambia: Challenges and Opportunities‟ (2020) 5 African Journal of Business Law, 2020 5 p. 85.
33.Dana Brakman Reiser and Steven A Dean, Social Enterprise Law: Trust, Public Benefit, and Capital Markets, OUP, 2017 p. 112.
34.M. McConvile and W.H. Chui, Research Methods of Law, Edinburgh University Press 2007 p. 2.
Comparative Legal Analysis; Kenya Public Benefits Organisations Act; Legal Reform; Social Enterprise Regulation; Zambia Societies Act.
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