Shamwana Case Summary Form
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People also ask zambian case the people vs shamwana
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What are the elements of treason in Zambia?
Three key elements are necessary for an offense to constitute treason: an obligation of allegiance to the legal order, and intent and action to violate that obligation. Treason is a bsignNow of allegiance and of the faithful support a citizen owes to the sovereignty within which he lives. -
Under what circumstances a writ of mandamus can be applied?
Whenever a public officer or government has done some act which violates the fundamental right of a person, the Court would issue a writ of mandamus, restraining the public officer or government from enforcing that order or doing that act against the person whose fundamental right has been violated. -
What are the judges rules in Zambia?
The judges rules are the only set of rules in Zambia that expressly require police officers to caution a suspect that he or she has the right to remain silent. -
In which circumstances writ of mandamus can not be issued?
The writ of mandamus cannot be issued: Against a private individual or body. To enforce departmental instruction that does not possess statutory force. When the duty is discretionary and not mandatory. -
What type of legal system does Zambia have?
Zambia's judicial system is based on English common law and customary law. Common law is administered by several high courts, which have authority to hear criminal and civil cases and appeals from lower courts. Resident magistrate's courts are also established at various centers. -
Is writ of mandamus applicable in Zambia?
Held: (i)The Supreme Court of Zambia is basically an appellate Court. It has no jurisdiction to entertain an application for mandamus at first instance. (ii)The remedy of mandamus is not available against the judges of the superior courts of Zambia in the event of an alleged failure to perform their judicial functions. -
In what cases the writ of mandamus is refused?
Suffice it to say that it is a well established rule that a writ of mandamus will be refused if there Is an alternative remedy. In the present case there is a prayer for the issue of a writ of certiorari as also for the issue of a writ of mandamus.
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