28/08/2025
Executive Orders and Their Zambian Equivalents
In global politics, few tools attract as much attention as the executive order in the United States. Under the Trump administration executive orders have been a signature feature. Whether it is immigration, trade, or foreign policy, Donald Trump continues to emphasize how a president can reshape policy almost instantly through executive orders.
But what exactly is an executive order, and what would be its Zambian equivalent?
For starters, what is an Executive Order?
In the simplest sense, an executive order is a directive from the President of the United States that has the force of law but does not require approval from Congress. Put plainly, it is like a law the President makes on his own.
A more formal definition is that an executive order is a legally binding directive issued by the President to federal agencies, instructing them on how to implement existing laws or policies. While executive orders do not create new laws in the legislative sense, they can significantly shape how laws are applied, interpreted, and enforced.
Zambia’s Equivalent: Statutory Instruments and Presidential Directives
In Zambia, there is no direct counterpart called an “executive order.” However, two tools operate in a similar way:
1. Statutory Instruments (SIs): These are issued by government ministers under the authority of an Act of Parliament. By extension, this power flows from the President, since ministers serve at his or her pleasure. An SI is a form of subsidiary legislation, meaning it does not need to go through Parliament again but has binding legal effect.
2. Presidential Directives and the Presidential Delivery Unit (PDU): Beyond SIs, Zambia has a mechanism that works almost like the U.S. executive order the Presidential Delivery Unit. This office exists to accelerate the implementation of the President’s directives across ministries and departments. When the President issues an instruction for example, to prioritize road construction, enhance service delivery, or streamline bureaucratic delays the PDU ensures that ministries execute those orders swiftly. In practice, these directives function just like executive orders: they shape government policy without waiting for the slow process of parliamentary legislation.
How a Bill Becomes Law: USA vs Zambia
To appreciate why these executive tools matter, it’s important to understand how formal laws are made.
In the United States of America:
1. A bill is introduced in Congress (House or Senate).
2. It is debated, amended, and passed by both chambers.
3. The President signs it into law (or vetoes it).
4. Congress can override a veto with a two-thirds majority.
In Zambia: Laws follow a clear three-stage process in the National Assembly before reaching the President:
1. First Reading – Introduction
The bill is formally introduced. Only the title is read, and there is no debate yet. This stage is simply an announcement that the bill has entered Parliament.
2. Second Reading – Debate
MPs debate the bill in principle why it is needed and what it seeks to achieve. After debate, MPs vote. If it passes, the bill moves to the Committee Stage, where it is examined clause by clause, and amendments may be made.
3. Third Reading – Final Approval
MPs give the bill one last review and vote. If it passes, it is sent to the President for assent. Once the President signs, it becomes law and is published in the Government Gazette.
This process ensures that Zambian laws are debated, scrutinized, and refined before being adopted. For example, the Cybersecurity and Cybercrimes Bill (2021) went through these three stages, sparking heated debate in Parliament before it was finally passed and assented into law.
The Nexus Between the Three Arms of Government
Constitutions around the world are built on the principle of separation of powers; legislature makes laws, executive enforces them, and judiciary interprets them. But in practice, there is overlap. Each arm of government is independent, but also capable of performing functions associated with the others.
The Executive: In Zambia, ministers issue SIs and the President issues directives that shape policy. In the U.S., the President signs executive orders. Both bypass parliament to some degree.
The Judiciary: When judges deliver rulings, especially from superior courts, those rulings become part of the law through judicial precedent. Courts also execute laws for instance, through the issuance of bench warrants.
The Legislature: Parliament not only makes laws but governs itself through Standing Orders that operate as binding rules. The Speaker of the National Assembly even delivers rulings, functioning in a way similar to a judge. MPs also have an executive function when they participate in development projects and oversight activities in their constituencies.
This shows that while separation of powers ensures independence, there is functional overlap that keeps the system balanced.
Independence and Accountability
The U.S. and Zambia both highlight that no single arm of government has unchecked authority.
Executive orders in the U.S. can be challenged in courts and overturned if unconstitutional.
In Zambia, statutory instruments can be annulled by Parliament, and presidential directives are constrained by constitutional provisions.
Courts in both countries act as watchdogs by reviewing executive and legislative actions.
This creates a system where the arms of government are independent yet accountable to each other.
Conclusion
Donald Trump’s reliance on executive orders in the U.S. and Zambia’s use of statutory instruments, presidential directives, and the Presidential Delivery Unit highlight how presidents around the world use executive authority to shape policy outside traditional lawmaking.
At the same time, the three stages of a bill in Zambia show that lawmaking itself is a deliberative process carefully debated, refined, and only then approved. The balance between executive shortcuts and legislative processes reflects the broader truth: while the arms of government are distinct, they are also interconnected.
The lesson is that governance is not about absolute separation but about independence, accountability, and interdependence each arm of government able to check the other, while sometimes borrowing each other’s functions for the sake of efficiency and service delivery.
