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Title: | Zambia's elusive search for a valid Public Order Act: an appraisal |
Author: | Ruedisili, Steve![]() |
Year: | 1993 |
Periodical: | Zambia Law Journal (ISSN 1027-7862) |
Volume: | 25-28 |
Pages: | 1-65 |
Language: | English |
Notes: | biblio. refs. |
Geographic terms: | Zambia Central Africa |
Subjects: | jurisprudence national security law Zambia. Public Order Act political science constitutional law Civil rights |
Abstract: | Striking a balance between law and order, on the one hand, and the constitutional right to free speech and assembly, on the other, has proven to be a contentious issue in independent Zambia. The author examines the historical underpinnings and development of the Zambian Public Order Act, a direct legacy of the colonial government of Northern Rhodesia, which used the law as a pretext to suppress political dissent. The author next compares English and Zambian case law on the issue of public order and argues that Zambian courts have failed to use and follow English case law on the subject in an adequate manner. He traces Zambia's legal decisions on the public order issue, up to the historic Supreme Court decision in Christine Mulundika and Seven Others v. The People, which he analyses in detail. He then examines the government's reaction and the latest amendments (1996) to the Public Order Act. In conclusion, he offers a number of suggestions for those who aspire to draft a constitutional Public Order Act. Notes, ref. |