Zambia was founded as a company state in It still is a company state, based on copper rents. These copper rents have historically determined the fortunes and misfortunes of the State. It also still bears the birthmarks of its origins - its duality.
Zambia was founded as a company state in It still is a company state, based on copper rents. These copper rents have historically determined the fortunes and misfortunes of the State. It also still bears the birthmarks of its origins — its duality.
Right at the inception of colonial company rule, duality in the legal system was introduced: To augment democratic manumission, we recommend the following: The colonial origins and still prevailing colonial attitudes have stifled creativity and have stunted the possible independent growth of the Zambian legal system which comprise of legal institutions, law making, judicial decisions, legal scholarship and so on.
Most crucial judicial decisions, especially those that affect political liberties, still follow the colonial precedents. This means that the political liberties of Zambian citizens are largely still determined by the judicial rulings of the colonial era when the laws were immediately in the service of the colonial state.
We refer for example to the land mark political cases of Re: Kapwepwe and Kaenga ; Nkumbula v. Attorney General ; Re: Puta, ; Shamwana v.
Attorney Generaland others, all reproduced in M. Turner, Civil Liberties Cases in Zambia, Oxford, where colonial precedents and colonial laws were used to determine the outcome of the cases.
Take also the example of emergency powers which were permanent in the Zambian legal system and which had been used to detain many individuals without trial from to They had colonial origins and were brought into existence to deal with the then nationalists, who are presently the wielders of state power in Zambia.
These same leaders who were detained without trial during the colonial days and who vehemently denounced those laws were now using the same laws to deal with the perceived political opponents. Sometimes even common criminals were detained using these same laws.
To some extent, these laws had become more draconian during the independence era. The example of the Public Order Actwhich continues to bedevil the Zambian legal and political system is a colonial creation. This Act curtails freedom of association, freedom of speech and freedom of assembly and thought.
It can be stated that the existence of colonial laws at independence induced or created an atmosphere of laziness in those who took over the reins of state power.Zambia (/ ˈ z æ m b i ə /), officially the Republic of Zambia, is a landlocked country in south-central Africa (although some sources consider it part of east Africa), neighbouring the Democratic Republic of the Congo to the north, Tanzania to the north-east, Malawi to the east, Mozambique to the southeast, Zimbabwe and Botswana to the south.
Get this from a library! Legal process: Zambian cases, legislation, and commentaries. [Mulela Margaret Munalula; University of Zambia. School of Law.]. Process Service Network specializes in legal service in Zambia and is one of the few firms that handles international service of process and offers competitive rates.
The whole Zambian legal system needs to be revamped. Still deeply rooted in its colonial origins, the system has stifled creativity and stunted the .
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