Zambia Ministry of Educations Signs MoU with Food 4 Education

The Zambian Ministry of Education has entered into a Memorandum of Understanding (MoU) with Food 4 Education, a Kenyan social enterprise, to bolster the national school feeding programme. This four-year partnership aims to provide technical support, facilitate knowledge exchange, and strengthen the programme's design, implementation, and digital systems. The initiative seeks to expand the reach of nutritious meals to 5.6 million learners by the end of 2026, up from the current 4.6 million. While MoUs are generally non-binding statements of intent, this agreement lays the groundwork for critical collaborations that will necessitate adherence to Zambia's public procurement laws and the regulatory framework governing non-governmental organisations.

The Ministry of Education in Zambia recently formalised a significant partnership by signing a Memorandum of Understanding (MoU) with Food 4 Education, a Kenyan not-for-profit social enterprise. This agreement, announced in Lusaka, is designed to provide crucial technical support and facilitate knowledge exchange, with the overarching goal of strengthening Zambia's national school feeding programme. The initiative is particularly timely, building on Zambia's Free Education Policy introduced in 2022, which has significantly increased school enrolment and, consequently, the demand for robust school feeding services.

The partnership is ambitious, targeting an expansion of the school feeding programme to reach 5.6 million learners by the end of 2026, an increase from the current 4.6 million students across 8,193 schools. Food 4 Education's role is primarily technical, focusing on policy and institutional coordination, programme design, digital innovation, budgeting, and infrastructure development, while the Zambian government retains full responsibility for financing and implementation. This article delves into the legal implications and regulatory landscape surrounding such public-private collaborations in Zambia, examining the nature of MoUs, the applicability of public procurement laws, and the legal status of partnering entities like Food 4 Education.

The legal framework governing education in Zambia is primarily enshrined in the Education Act, 2011 (Act No. 23 of 2011), which provides for the establishment, regulation, and management of educational institutions and the promotion of education for all Zambians. Under this Act, the Minister responsible for education is tasked with promoting education and developing educational institutions, and directing, coordinating, supervising, and controlling the education system. This statutory mandate provides the legal basis for the Ministry of Education to enter into agreements aimed at enhancing educational services, such as the school feeding programme.

Zambia has a well-established Home-Grown School Meals (HGSM) programme, which is recognised as a key social protection initiative. The HGSM programme, rebranded in 2011 to reflect government ownership, aims to improve learner nourishment, health, and learning outcomes, while also contributing to the socio-economic empowerment of local communities through local food sourcing. The programme aligns with broader national development plans and strategies, including the National Social Protection Policy and the National Food and Nutrition Security Strategy. The recent Free Education Policy has further underscored the necessity for strengthened school feeding programmes to support the increased number of learners in public schools.

Memoranda of Understanding (MoUs) involving the Zambian government are typically understood as instruments reflecting joint commitments and guidelines for cooperation, rather than creating legally binding obligations under international or domestic law. They serve as a framework for coordination, consultation, and joint reviews, often paving the way for more specific, legally binding bilateral agreements. This distinction is crucial for legal practitioners assessing the enforceability and implications of such agreements.

The MoU between the Ministry of Education and Food 4 Education, while a significant declaration of intent, is generally considered a non-binding document under Zambian law, similar to other government MoUs. Its primary function is to establish a framework for technical cooperation and knowledge exchange, outlining the areas of support Food 4 Education will provide, such as policy coordination, programme design, and digital innovation. The non-binding nature means that while both parties express a commitment to the stated objectives, direct legal recourse for breach of the MoU itself may be limited. However, it sets the stage for subsequent, more specific agreements or contracts that would carry legal enforceability.

Food 4 Education, described as a Kenyan not-for-profit social enterprise, will operate in a technical support capacity, with the Zambian government retaining full responsibility for the financing and implementation of the school feeding programme. Should Food 4 Education establish a formal presence or undertake specific activities within Zambia that involve the management of funds or direct programme implementation, its operations would likely fall under the purview of the Non-Governmental Organisations Act No. 16 of 2009. This Act mandates registration for all NGOs, including international ones, operating in Zambia and requires compliance with various reporting and governance standards, including obtaining a recommendation letter from the relevant line Ministry.

Any procurement of goods, works, or services required for the implementation or strengthening of the school feeding programme, such as food supplies, digital systems, or infrastructure development, will be subject to the Public Procurement Act, 2020 (Act No. 8 of 2020). This Act, which repealed and replaced the 2008 legislation, aims to enhance transparency, efficiency, and accountability in public procurement. The Zambia Public Procurement Authority (ZPPA) is the regulatory body overseeing public procurement processes, ensuring adherence to principles of non-discrimination, value for money, and integrity. Therefore, while the MoU itself is a high-level agreement, the practical steps taken to achieve its objectives will be governed by stringent procurement regulations, requiring careful legal navigation to ensure compliance and avoid potential challenges.

The Ministry of Education's Permanent Secretary, Kelvin Mambwe, emphasised the Ministry's leadership in the programme, underscoring the government-led nature of the initiative. This aligns with the Education Act, 2011, which empowers the Minister to direct and control the education system. The partnership's focus on building a sustainable, government-led school nutrition system further highlights the importance of integrating external technical support within existing national policies and legal frameworks.

For legal practitioners, the signing of this MoU signals a significant policy direction and a commitment to leveraging partnerships for national development. However, it is crucial to recognise the distinction between the aspirational nature of an MoU and the legally binding obligations that arise from subsequent contracts and operational agreements. Lawyers advising either the Ministry of Education or Food 4 Education must ensure that all follow-up arrangements, particularly those involving financial commitments or the provision of services, are meticulously drafted to comply with Zambian law.

Practitioners should pay close attention to the specific terms of any future contracts derived from this MoU, ensuring they align with the Public Procurement Act, 2020, to maintain transparency and accountability in the use of public funds. Furthermore, if Food 4 Education's operational scope in Zambia extends beyond purely advisory roles, its compliance with the Non-Governmental Organisations Act No. 16 of 2009, including registration and reporting requirements, will be paramount. The successful expansion of the school feeding programme to 5.6 million learners by the end of 2026 will depend not only on effective collaboration but also on robust legal frameworks underpinning every stage of implementation.