TOURISM: THE ROLE OF THE TRANSPORT SECTOR IN RE-POSITIONING DESTINATION ZAMBIA

The session was based on a statement made by Mr Evans Muhanga, Permanent Secretary in the Ministry of Tourism (MoT). His reflections were based on experiences and successes of Zambia’s tourism and travel industry. Some products are now fullydeveloped and matured. Others are still underdeveloped and not packaged to improve or enable great tourist experience. Zambia has 60 waterfalls, but these are not yet packaged as tourist products to make them competitive with their uniqueness etc. Livingstone has various tourist products and packages such as the Victoria Falls, Mosi-oa-Tunya National Park, hotels, guesthouses and lodges, bungee jumping etc. The Tourism Master Plan speaks to the diversification of tourism products, connection of tourism circuits etc and relationships between and among various players in the tourism valuechain. It gives impetus to improving connectivity by

river or sea, air, road or railway etc.

The mighty Zambezi River flows or runs into the Victoria Falls. However, there is need to navigate, make connections and travel on the Zambezi River and ought to be linked to all the eight (8) neighbouring countries that surround Zambia and the SADC region at large. This would lead to and result into improved trade or trade facilitation. This will thrive and improve tourism. Conversations such as plenary discussions arising from the 2023 LLZ Conference and Exhibition should lead to actionable and implementable programmes and activities to ensure that there is improved movement of people and the flow of goods (essentially trade facilitation). How does Zambia facilitate the entry of tourists into the country? There is need for collaboration between various Government agencies and ministries. Airports should be considered and treated as the main distribution points. How is landing time of international flights connected or linked to existing domestic flight schedules to various destinations across the country i.e. North and South Luangwa National Parks, Lower Zambezi National Park, Kafue National Park, Lochinvar National Park, Kasaba Bay, Nsumbu National Park, Ndole Bay etc. There is need for connectivity within and between the various tourism circuits. How should the road network be? Runways at the aerodromes and airports? There is need for enhanced and improved tourism promotion and marketing. Hence a good transport system and connectivity for a competitive Zambia as an ideal tourism destination is needed. An effective transport system is critical and essential for improved tourist arrivals in Zambia and a competitive tourism and travel sector.

Land-Linked Zambia @2023: A Transport & Logistics Event

FEEDBACK: COMMENTS, QUESTION AND ANSWER SESSION

The following feedback in form of comments and questions were received after the statement provided by Mr Muhanga:

• Two (2) ferries which transport about 100 people each travel from Mpulungu to Nsumbu. Local ferry transporters have been exploring the possibility of partnering with their Tanzanian counterparts but nothing has materialised yet. Despite the reluctance by Tanzanian ferry operators to partner with their Zambian counterparts, they have been coming to Zambia without any restrictions. There is need for Zambian authorities to put measures to restrict the entry of Tanzanian ferry operators into Zambian waters. Zambian authorities could draw lessons from Kenyan authorities who put up measures that compelled Tanzanian ferry operators to partner with their Kenyan counterparts

• How long will the finalisation of formalities to make Mbala airport a civilian airport going to take in order to boost tourism in the Northern Circuit? This has been going on for a long time. There is need to open up the marine sector in Mpulungu

• How are Zambian stakeholders going to work together to ensure that, Lusaka becoming an aviation hub in Southern Africa, is actualised?

• Are there incentives that extend to the transport sector targeting roads that lead to tourism sites?

The following responses were received and were based on the feedback: comments and questions:

• Mr Muhanga agreed with the observations. There have been developments in the Northern Circuit such as road and power development. The New Dawn Administration has given impetus to this. Monitoring of the developmental projects has been done jointly by the Ministry of Tourism (MoT), Ministry of Fisheries and Livestock (MFL) and Northern Province Administration – Office of the President. In order to improve road connectivity countrywide, the Government has engaged the World Bank through the $150 million Improved Rural Connectivity Project (IRCP). Development of tourism circuits requires a lot or money. The Government is also contemplating to partner with the private sector that are interested in constructing an anchor hotel or MICE facility in the Northern Circuit. The Government established the PPDF to ensure there is continued dialogue between the public and private sectors on issues that affect business establishment, growth, development and competitiveness. There is need for the Government and private sector to work together to unlock tourism business potential in the Northern Circuit and other tourism circuits across the country. This is essentially the reason why the Government embarked on upgrading Kasama airport. Further, Government takes cognisance of the fact that there is need to have timelines to the implementation of programmes and activities. The New Dawn regime has committed a lot of financial resources to the tourism sector.

In terms of making Lusaka as an aviation hub, airlines come into Zambia and go to many other countries in order to make them profitable. The choice of where these airlines operate from is essentially a business decision. Nonetheless, Zambians should get used to air transport as a means of transport or travel and doing business.

• Mr John Chiluwe, Assistant Director of Transport in the MTL reported to the conference that Zambia was not doing well in the area of road infrastructure development due to the long periods of lack of maintenance or rehabilitation. This is despite the formulation of the National Transport Master Plan (NTMP) which explores different modes of transport. Marine transport is not being used for transportation purposes. But it has been outlined in the NTMP. It has not been developed further as there were no available statistics. Further, the MTL has a dedicated Department of Marine and Inland Waterways. Zambia needs to do more in the area of marine and inland waterways. But there is also need for mindset change in order for Zambians to start considering water as an alternative means of transportation. The Road Sector Investment Programme (ROADSIP) has previously been implemented in Zambia under phases I and II and was funded by both Government and donors. Implementation of ROADSIP III which started some two (2) years ago will be completed soon. Going forward, the Government will give priority to economic roads and determine the appropriate mode of financing (such as through PPP arrangements). This will be an investment plan for 15 years (and NOT 10 years as has been in the past).

Land-Linked Zambia @2023: A Transport & Logistics Event

FEEDBACK: COMMENTS, QUESTION AND ANSWER SESSION

As already stated, the World Bank has been providing support through a 10-year loan Improved Rural Connectivity Project (IRCP). Three (3) years have already been implemented and will cover all the 10 provinces of the country. Tenders are being developed for a range of contracts: road development, periodic maintenance and rehabilitation for a period of three (3) to five (5) years. The Government will link suppliers of the road materials or producers and contractors with local authorities targeting economic roads. Roads should be built in a more environmentally sustainable, durable and productive manner.

• There are no specific incentives in the road sector. However, Government has a special arrangement with African Parks . Areas where lodges are being planned to be constructed, authorities or the Department of National Parks and Wildlife (DNPW) will ensure that such areas are investment-ready. However, main roads are being developed under the

Ministry of Infrastructure, Housing and Urban Development (MIHUD).

Though there are no specific incentives through PPP arrangements, issues that could be done together and how the private sector benefits are being explored and considered. This will be considered under the ROADSIP III

VEHICLE AND ASSET FINANCING: STANBIC BANK (ZAMBIA) LIMITED PRESENTATION

This presentation was made by Mr Horis Ng’andu Mainza, Head of Vehicle and Asset Financing at Stanbic Bank (Zambia) Limited. Mr Mainza indicated that Stanbic Bank (Zambia) Limited facilitates trade through motor vehicle and asset financing, movable assets, tractors, manufacturing plants etc as long as the asset is not a fixed building. The asset being procured is used as collateral hence easier for the borrower to access financing. This kind of financing unleashes potential to facilitate economic growth and create capacity in the transport and logistics space.

Trade Finance: Stanbic Bank (Zambia) Limited invests in opening up markets and procuring equipment for its clients. An appropriate department supports clients in accessing high quality products from China – this is done through the Trade Department. The Bank also supports the cash-flow side of businesses.

Stanbic Bank (Zambia) Limited owns a licensed insurance brokerage hence businesses have access to insurance products. The

Stanbic Bank insurance broker ensures that businesses get the best insurance deal possible. The Bank has invested in high quality expertise and capacity.

FEEDBACK: COMMENTS, QUESTION AND ANSWER SESSION

The following feedback, in terms of comments and questions, were received:

• How does Stanbic Bank (Zambia) Limited make the work of transport and logistics businesses better?

• Biggest worry of businesses with borrowing is the cost of financing i.e. the level of interest rates? What is your comment?

• Are all products procured with financing of Stanbic Bank (Zambia) Limited insured?

The following responses were provided by Mr Mainza:

• Interest rates are a factor of a number of fundamentals prevailing in the market of the commercial banking sub-sector. Hence there is need for PPPs to facilitate for the reduction in the cost of funds. It is a competitive market which is driven by various business and economic fundamentals. A truck bought with loan financing is cheaper than one (1) bought through vehicle and asset financing. If a high-capital intensive product is structured as short-term, it becomes more expensive than when structured long-term • Insurance is essentially used to reduce the risk associated with transportation. It is a critical component of the motor vehicle and asset financing portfolio of Stanbic Bank (Zambia) Limited

Business Development

Manager of the Namibian Ports Authority (NamPort). The Namibian Ports Authority (NamPort) operates in the marine transport sub-sector and is registered and listed under the Public Enterprises Governance Act No.1 of 2019. Ongoing developments, operations, programmes and activities are based on the Strategic Intent for the period 2021-2026.

NamPort is an enabler for transportation and trade facilitation etc for economic development. The marine transport sub-sector contributes some five (5) percent to Namibia’s GDP. Namibia currently has two (2) main ports: Lüderitz and Walvis Bay.

Port of Walvis Bay

The port of Walvis Bay is made up of a 30-km stretch of natural break water of the pelican peninsula. A commercial container terminal harbour was recently constructed at a total cost of annual capacity to handle 750’000 MT worth of cargo. The fishing harbour is on the north port. There are some terminals that are operated by private companies. The Government of Namibia (and NamPort) is now looking at developing the northern port. The contractor has completed Phase 1 of the construction of the bulk liquid terminal. More investment opportunities are available in the north port of the Walvis Bay harbour.

Port of Lüderitz

The port of Lüderitz largely caters for South African mining companies that operate in the northern part of South Africa. It is smaller in scale or scope compared to the port of Walvis Bay. It has a throughput of 3 million MT of annual cargo.

Regional and Global Connectivity

Both ports of Walvis Bay and Lüderitz have links to major global economic shipping routes as well as regional

DR Congo, Botswana, South Africa and Zimbabwe.

Exports and Imports

NamPort facilitates the export and import of various types of goods (for Namibia and neighbouring countries) through the ports of Walvis Bay and Lüderitz. NamPort facilitates economic growth in Namibia by enabling regional development and cross-border trade. It promotes the ports of Walvis Bay and Lüderitz as preferred routes for sea-borne trade between the SADC region, Americas, Asia and Europe. Approximately 20 percent of the goods that are processed and handled through the port of Walvis Bay are destined for or originate from the Republic of Zambia. Most of these goods are copper cathode exports. The remainder of the goods are destined for or originate from Namibia, Botswana, South Africa and DR Congo.

The following feedback in form of comments and questions were received from the delegates and answers were immediately provided by Mr Ndjadila:

• Port of Walvis Bay seems to be big. Are some of the container terminals primarily for businesses or companies in Zambia?

The port of Walvis Bay has dry ports and Zambia has been allocated an area. Similar allocations have been made for Botswana, DR Congo, South Africa and Zimbabwe. The transporters of goods normally engage with operators of these dry ports in the southern port of Walvis Bay. NamPort has been looking for investors in container terminals. No allocations yet, have been in the northern port of Walvis Bay

• Are bulk facilities being used for the importation of fuel for both the Namibian and regional markets?

Bulk facilities are primarily used for the importation of fuel commodities for the Namibian market, but occasionally importation is done for the regional market (including countries such as neighbouring Zimbabwe)

• How are goods transported to and from the ports of Lüderitz and Walvis Bay from source countries and to their final destinations? Road or rail transport?

Transportation of merchandise to and from the ports of Lüderitz and Walvis Bay is essentially done by road. Rail transportation is an alternative or another option (but this only accounts for at least 10 percent of the total cargo or freight)

BENEFITS OF DOMESTICATING TTTFP MODEL LAWS, POLICIES, REGULATIONS AND STANDARDS IN THE TRIPARTITE REGION

This session was principally based on a discussion by Mr Bernard Dzawanda, Senior Transport Economist at the COMESA Secretariat. Mr Dzawanda is responsible for regional issues pertaining to road, rail, aviation, maritime, inland waterways and pipeline transportation. Mr Dzawanda informed the delegates that the Tripartite Transport and Transit Facilitation Programme (TTTFP) covers three (3) Regional Economic Communities (RECs): COMESA, EAC and SADC. The TTTFP was designed primarily to address to address membership overlapping issues and in so doing address challenges through the implementation of harmonised road transport policies, laws, regulations, systems and standards that affect drivers, loads, motor vehicles and road infrastructure in the COMESA, EAC and SADC Member States. This is aimed at enabling the smooth flow of trade. There are agreed limits on cargo transportation, but also the TTTFP provides for a framework for load efficiency improvement and standardised transport mechanism. There are two (2) principal agreements that COMESA, EAC and SADC Member States are required to adopt:

• Vehicle load management agreement

• Multilateral cross-border Road Transport Agreement

(RTA)

The COMESA Secretariat develops model laws upon which Member States decide whether to adopt and domesticate or not. The process of adoption and domestication of TTTFP principal agreements and model laws will commence after the Council of Ministers have approved, and the Heads of State Summit has endorsed the Council of Ministers’ decision. Notwithstanding this process of finalising the adoption and endorsement, countries such as Uganda have already commenced with the process of domestication of the TTTFP model laws and principal agreements. Other Member States are equally free to commence with the process of adoption and domestication before the Council of Ministers’ decision and endorsement by the Heads of State Summit.

The African Union Commission (AUC) has adopted the TTTFP model laws as a benchmark for other RECs or regions in Africa. The European Union (EU) has also promised to provide an additional €12 million to support with the implementation of the five (5) TTTFP model laws and two (2) principal Road Transport Agreements (RTAs) by the tripartite Member States. Five (5) model laws have already been formulated as the TTTFP winds up in May 2023, after which the region will be eligible for €12 million successor TTTFP or programme. The TTTFP was given an additional €3.5 million (in addition to the €18 million that the EU committed to the programme at inception) during the Covid-19 pandemic period. These additional finances were meant for the successful implementation of the Corridor Trip Monitoring System (CTMS) – the CTMS was aimed at managing people and goods movement during the Covid-19 pandemic (allowing cross-border road transport operators, drivers, regulators and law enforcement agencies to record and monitor driverwellness data such as Covid-19 test results).

Challenges of the TTTFP:

• Bringing all the Member States of COMESA, EAC and SADC to a minimum level of compliance (since the tripartite region has a large expanse or wide geographical area, different regulations, policies, systems, standards and language)

• Motor vehicle load management: methodology that is used for arriving at the dimensions. There is need to know vehicle dimensions, what is permissible and what is not etc in the country where the vehicle is travelling or passing.

The 5th Council of Ministers (CoM) meeting of the tripartite region (COMESA, EAC and SADC) was held virtually on Tuesday 28th March 2023 during which six (6) instruments relating to trade and customs were adopted: i) tripartite agreement on movement of businesspersons ii) annexes on elimination of import duties iii) trade remedies iv) rules of origin (RoOs) v) dispute settlement mechanism vi) Tripartite Free Trade Agreement (TFTA) protocol on competition policy. The CoM also adopted guidelines, manuals and working procedures developed on RoOs and technical barriers to trade (primarily comprising Sanitary and Phyto-Sanitary (SPS) matters and Non-Tariff Barriers (NTBs)). The other set of instruments adopted by the CoM relates to road transport: i) Vehicle load management agreement ii) Multilateral cross-border road transport agreement iii) Vehicle load management model law iv) Cross-border road transport model law v) Road traffic model law vi) Road traffic and transport transgression model law vii) Transportation of dangerous goods by road model law. In adopting these road transport instruments, the CoM applied the principle of variable geometry which allows the Member States that are not yet ready to apply them, to do so when they are ready. Out of the 22 tripartite Member States that have signed the TTTFP model laws and principal agreements, 11 (including Egypt, Uganda, Kenya, South Africa, Rwanda, Burundi, Botswana, Namibia, Eswatini, Zambia and Zimbabwe have already ratified it)

BENEFITS OF DOMESTICATING TTTFP MODEL LAWS, POLICIES, REGULATIONS AND STANDARDS IN THE TRIPARTITE REGION

Challenges of the TTTFP:

• Bringing all the Member States of COMESA, EAC and SADC to a minimum level of compliance (since the tripartite region has a large expanse or wide geographical area, different regulations, policies, systems, standards and language)

• Motor vehicle load management: methodology that is used for arriving at the dimensions. There is need to know vehicle dimensions, what is permissible and what is not etc in the country where the vehicle is travelling or passing

• Regional weighbridge locational plan: once a motor vehicle or truck is weighed in one Member State, the results of this exercise ought to be communicated to other weighbridges on the route (of the transportation) within the tripartite region

• Other challenges associated with legal reforms relate to:

 Timeframe and the process of domestication / different legal systems among the Member States of the three (3) RECs: COMESA, EAC and SADC

The 5th Council of Ministers (CoM) meeting of the tripartite region (COMESA, EAC and SADC) was held virtually on Tuesday 28th March 2023 during which six (6) instruments relating to trade and customs were adopted: i) tripartite agreement on movement of businesspersons ii) annexes on elimination of import duties iii) trade remedies iv) rules of origin (RoOs) v) dispute settlement mechanism vi) Tripartite Free Trade Agreement (TFTA) protocol on competition policy. The CoM also adopted guidelines, manuals and working procedures developed on RoOs and technical barriers to trade (primarily comprising Sanitary and Phyto-Sanitary (SPS) matters and Non-Tariff Barriers (NTBs)). The other set of instruments adopted by the CoM relates to road transport: i) Vehicle load management agreement ii) Multilateral cross-border road transport agreement iii) Vehicle load management model law iv) Cross-border road transport model law v) Road traffic model law vi) Road traffic and transport transgression model law vii) Transportation of dangerous goods by road model law. In adopting these road transport instruments, the CoM applied the principle of variable geometry which allows the Member States that are not yet ready to apply them, to do so when they are ready. Out of the 22 tripartite Member States that have signed the TTTFP model laws and principal agreements, 11 (including Egypt, Uganda, Kenya, South Africa, Rwanda, Burundi, Botswana, Namibia, Eswatini, Zambia and Zimbabwe have already ratified it)

BENEFITS OF DOMESTICATING TTTFP MODEL LAWS, POLICIES, REGULATIONS AND STANDARDS IN THE TRIPARTITE REGION

Challenges of the TTTFP:

• Bringing all the Member States of COMESA, EAC and SADC to a minimum level of compliance (since the tripartite region has a large expanse or wide geographical area, different regulations, policies, systems, standards and language)

• Motor vehicle load management: methodology that is used for arriving at the dimensions. There is need to know vehicle dimensions, what is permissible and what is not etc in the country where the vehicle is travelling or passing

• Regional weighbridge locational plan: once a motor vehicle or truck is weighed in one Member State, the results of this exercise ought to be communicated to other weighbridges on the route (of the transportation) within the tripartite region

• Other challenges associated with legal reforms relate to:

 Timeframe and the process of domestication / different legal systems among the Member States of the three (3) RECs: COMESA, EAC and SADC

 Languages: the tripartite region has four (4) main languages: Arabic, English, French and Portuguese. Hence the main focus is convergence, harmonisation and standardisation in order to reduce the cost of doing business (improved efficiencies) etc

The ensuing panel discussion was moderated by Mr Rodgers Nkandu, Registrar and CEO at the ZCILT. The panellists were Mr Dzawanda and Dr Emmanuel Sampa, Assistant Director (Road and Rail) in the MTL. The moderator posed questions to which panellists responded. Additional questions were asked by delegates:

• Zambia is in the process of implementing the AfCFTA, but what is the link between the TTTFP and the AfCFTA or continental integration? The COMESA, EAC and SADC are Regional Economic Communities (RECs) which are the building blocks for the African Union (AU) or African Economic Community (AEC). When the AU was constituted, it assumed or adopted instruments from all the eight (8) RECs in Africa including tripartite instruments. The Yamoussoukro Agreement in the aviation sector was informed by COMESA instruments. The focus and aim is to facilitate travel and increase trade in the region and on the continent. Hence there are no differences between the TTTFP and the AfCFTA or between the tripartite and continental integration except with regards to the geographical scope.

• What are the challenges hindering roll-out, full implementation and operationalisation of the TTTFP?

The challenges that hinder the roll-out, full implementation and operationalisation of the TTTFP include:

 Harmonisation of various frameworks such as the vehicle load management

 Language and cultural differences

 Member States produce similar goods and products resulting in low intra-African trade

 Problem of low valueaddition (hence most of the intra-African trade is in the form of primary goods or raw materials). There might be need for a regional framework to coordinate regional valuechains (RVCs) or facilitating the implementation of Memorandums of Understanding (MoUs) such as the MoU between Zambia and DR Congo for the manufacture of Electric Vehicle (EV) batteries

• In the past there have been bilateral agreements, but it is still a challenge for transporters to access markets in neighbouring countries with regards to the issue of corridor matters. What difference will the TTTFP bring?

There are two (2) principal agreements:

 Multilateral cross-border Road Transport Agreement (RTA)

 Vehicle load management agreement

If these are adopted and domesticated by Member States, both of these will supersede bilateral road transport agreements (RTAs). Bilateral road transport agreements (RTAs) are specific and only apply to two (2) countries.

Corridor management institutions will be required to ensure that regulations are implemented to improve activities in the transport corridors (for corridor management efficiency) and also in order to address corridor-specific issues. Corridor authorities will be required to implement the regulations, policies and standards on behalf of Member States. This will feed into the corridor register.

BENEFITS OF DOMESTICATING TTTFP MODEL LAWS, POLICIES, REGULATIONS AND STANDARDS IN THE TRIPARTITE REGION

• Shouldn’t we be talking about an Africa-wide programme since there is now the AfCFTA in order to realise the dream of Cairo to Cape?

As already outlined, the TTTFP has been allocated an additional €12 million for follow-up support activities in relation to the implementation or adoption and domestication of the two (2) agreements and the five (5) models laws by Member States (with the ultimate goal of ensuring that this is rolled out to the rest of the continent). The additional EU support is aimed at ensuring that the TTTFP is replicated to other parts of Africa or to make sure that it is rolled out to the rest of the continent. There will be a meeting in early April in South Africa and another one in Arusha, Tanzania to discuss and agree on the next steps of the TTTFP and prepare for it to be rolled out to the rest of the African continent

• Are there other programmes that are aimed at providing linkages between different modes of transport such as aviation, rail, water and road to ensure synchronisation etc?

At continental level, the AU Agenda 2063 consists of mainly two (2) programmes:

 Establishment of the SAATM which is aimed at liberalising the air transport market. Currently, there are Bilateral Air Services Agreements (BASAs) between any two (2) countries in Africa. The SAATM will cover the whole African continent and will incorporate aspects of the Yamoussoukro Decision. The EU is currently providing support to Eastern Africa, Southern Africa and the

Indian Ocean regions of Africa through the Support to Air Transport Sector Development (SATSD) programme which is aimed to operationalise the SAATM, improve and build capacities of aviation regulatory authorities and improve air navigation facilities. The programme is being implemented in some 30 Member States of five (5) of the eight (8) RECs in Africa: COMESA, EAC, IGAD, IOC and SADC

 African Integrated HighSpeed Railway Network: there will require establishment of the standard gauge as proposed by the African Union Development Agency (AUDA)-NEPAD. The Agenda 2063 intention is to link all African capital cities by the high-speed railway network. Kenya has been one of the standard gauge trendsetters on the continent. It has constructed a standard gauge railway line from Mombasa to Nairobi which will extend to the border with Uganda. However, all countries in Southern Africa are on the Cape gauge and South Africa alone has approximately 22’000 km while Zambia has some 1’300 km. Therefore, this is a great challenge

• Stakeholders in the road transport sector are eager to see changes regarding obstacles in the region. What measures are being taken at COMESA Member State-level to ensure that there is an agreed timeframe for accelerated implementation of model laws?

Member States of COMESA are the principals. The main role of the COMESA Secretariat is to provide technical and professional recommendations, but each Member State is sovereign and is free to accept or reject such recommendations. The COMESA Secretariat does not have an enforcement mechanism, but only encourages, advises, negotiates, benchmarks etc. Previously, Member States were encouraged to domesticate and implement COMESA resolutions through incentives under the Regional Integration Support Mechanism (RISM)

The follow-up discussion on the topic was provided by Dr Emmanuel Sampa, Assistant Director who is in charge of the Road and Rail portfolios in the MTL. Dr Sampa informed the delegates that the process of TTTFP adoption and domestication has already commenced in Zambia.

He outlined the benefits of the two (2) agreements and the five (5) models. He stated that most of the countries that subscribe to the TTTFP are land-locked and land-linked. Therefore, Zambia is hopeful that other Member States of the tripartite region will adopt and commence the process of domestication. The lack of liberalised transport systems has posed various challenges. Non-Tariff Barriers (NTBs) are numerous. Transporters experience several other challenges. Hence the transport agreements and model laws are aimed at benefitting transporters and national economies. Zambia has signed nine (9) bilateral Road Transport Agreements (RTAs). This is monotonous and challenging hence the need for one (1) multilateral cross-border road transport agreement.

BENEFITS OF DOMESTICATING TTTFP MODEL LAWS, POLICIES, REGULATIONS AND STANDARDS IN THE TRIPARTITE REGION

There is need for the prioritisation of infrastructure development which should move together or follow the adoption and domestication of agreements and model laws. Zambia has been facing motor vehicle dimension challenges with Tanzania. Hence Zambian transporters, that fail to meet minimum Tanzanian specifications and requirements, are charged whenever they enter Tanzania.

The Heads of State of COMESA, EAC and SADC will endorse and sign the TTTFP multilateral agreements and model laws within 2023, after which the process of adoption and domestication will commence. The process of adoption and domestication, in each Member State (including Zambia), will commence with the two (2) agreements and the five (5) model laws going to the Ministry of Justice (MoJ), after which Cabinet will review and then submitted to Parliament for ratification. Implementation will commence soon after that. The follow-up panel discussion was moderated by Mr Rodgers Nkandu, Registrar and CEO at the ZCILT. The panellists were Mr Dzawanda and Dr Sampa, Assistant Director (Road and Rail) in the MTL. The moderator posed questions to which panellists responded. Followup questions were asked by delegates:

• How can the two (2) agreements and five (5) model laws of the TTTFP be adopted and domesticated by tripartite Member States ahead of the adoption by the Council of Ministers (CoMs) and official signing and endorsement by the Heads of State Summit

(HoSS) in order to counter the delays?

Ongoing TTTFP delays will continue through to the adoption and domestication of the regional legal instruments, before implementation can commence by individual Member States. Therefore, there is need to ensure that the TTTFP multilateral agreements and model laws are adopted and domesticated by tripartite Member States. This will lead to seamless adoption, domestication and commencement of implementation by Member States.

It is true that finalisation of the programme, adoption and domestication of the multilateral agreements and model laws has delayed. As originally agreed with the funders, EU, the programme should have ended two (2) years ago. However, this was affected by the emergence and escalation of Covid-19. The process started with technical experts followed by senior officers, at the level of Permanent Secretaries (PSs), followed by the Council of Ministers (CoMs). After the CoM, the process went to legal experts i.e. Ministers of Justice (MoJ). Hence all ministers have approved the two (2) multilateral agreements and the five (5) model laws. But the final seal will be made or done by the Tripartite Council of Ministers (T-CoMs) which will be done in the next few days, after which the Heads of State Summit (HoSS) will take place. Before this happens, some countries have already started the adoption and domestication process

• Though the multilateral agreements and model laws are not yet adopted, they are good and progressive. But when is the adoption, domestication and implementation going to happen?

Many tripartite Member States are not waiting for the official adoption, signing and endorsement of the two (2) multilateral agreements and five (5) model laws. They have individually gone ahead with the adoption and domestication process. For instance, Zambia made amendments to the Road Traffic Act No.11 of 2022 based on the TTTFP model legal framework as the best way to govern the road transport sub-sector. Other countries have equally gone ahead. The model legal framework has introduced demerit points for erring drivers and penalties will be instituted once a certain threshold of points is accrued

• How about maritime and inland waterways agreements, is there anything for the region and at continental level? There are some programmes which deal with maritime and inland waterways issues, but the TTTFP was meant for road transport. The Contracting Authority (CA) for the TTTFP was SADC (road transport) on behalf of the other two (2) RECs. On the other hand, COMESA has been leading on railway transport, while the Indian Ocean Commission (IOC) has taken the lead on maritime transport (and inland waterways). A new programme aimed at linking the Mediterranean Sea with Lake Victoria via Nile River is being supported by the African Development Bank (AfDB)

BENEFITS OF DOMESTICATING TTTFP MODEL LAWS, POLICIES, REGULATIONS AND STANDARDS IN THE TRIPARTITE REGION

• Will there be a successful adoption, domestication and implementation of the TTTFP multilateral agreements and model laws?

RECs are confident that the TTTFP multilateral agreements and model laws will be successfully adopted, domesticated and implemented. This is because of the associated benefits of these model multilateral agreements and model laws (which are admired by the financiers (EU) and other RECs in Africa). Fast-mover countries that will adopt, domesticate and implement these agreements and model laws will benefit from the €12 million follow-up activities. The TTTFP multilateral agreements and model laws will change the way the road transport sub-sector operates in the region.

Zambian authorities are optimistic that other countries or the tripartite Member States will adopt, domesticate and commence the implementation of the multilateral agreements and the model laws. Zambian authorities would like to have a harmonised regional road transport sub-sector in order for the country to benefit as a transport hub. This will not only benefit Zambian road transporters, but other transporters in the region as well