Sooner or later, most businesses hear from a regulator: a request for information, an inspection, a complaint referred for a response, or the opening of an investigation. How the business responds in the first days often shapes the outcome. This guide sets out general principles for responding to a regulator in Zambia. Each regulator’s powers come from its own Act, so the specific rules always need to be checked.
Start with the legal basis
Law cited
Competition and Consumer Protection Act No. 24 of 2010, as amended (sections 55, 57 and 60); Minerals Regulation Commission Act No. 14 of 2024 (sections 75, 76 and 84); Constitution of Zambia (Article 134).
Ask which regulator is involved, under which law it is acting, and what exactly it is asking for. Regulators’ powers differ. For example, the Competition and Consumer Protection Commission can require information, documents and attendance by written notice during an investigation, and the Minerals Regulation Commission has inspectors with powers under the mining law. The notice or request should identify the power being used and the deadline.
Respond accurately and on time
- diarise every deadline and ask early, in writing, if you need more time
- provide accurate, complete answers; false or misleading information can be an offence under many statutes
- keep a copy of everything provided and a record of every contact
Preserve documents
Once you know of an inquiry, preserve relevant documents and suspend routine deletion of emails and files that may be relevant. Destroying relevant material can make matters much worse.
Inspections
During an inspection, ask to see identification and the authority under which the inspector is acting, cooperate courteously, note what is inspected or taken, and ask for copies or receipts for anything removed. Whether and how a lawyer can attend depends on the regulator and its legislation; it is sensible to call your lawyer as soon as an inspection begins.
Settlements and undertakings
Some regulators can resolve matters by agreement. The CCPC, for example, can enter into consent agreements and accept undertakings, with consent agreements confirmed by the Tribunal. See CCPC investigations.
Appeals
Most regulatory decisions can be challenged, but the route and the time limit depend on the Act. For example, appeals against CCPC orders go to the Tribunal within thirty days, and appeals against Minerals Regulation Commission decisions go to the Mining Appeals Tribunal within thirty days. Public decisions may also be open to judicial review.
Our statutory compliance team helps businesses respond to regulators.
Frequently asked questions
Do we have to answer every question?
It depends on the regulator’s legal powers and the form of the request. Check the legal basis, and take advice before refusing or limiting a response.
Can a lawyer attend an inspection?
It depends on the regulator’s legislation and the circumstances. Contact your lawyer as soon as an inspection starts.
What records should we keep ready?
Licences, statutory registers and filings, key contracts, policies and evidence of compliance relevant to the regulator’s area.
What happens if we miss a deadline?
Consequences vary by statute and can include penalties. If you cannot meet a deadline, ask for an extension in writing before it expires.