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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Zambia's elusive search for a valid Public Order Act: an appraisal
Author:Ruedisili, SteveISNI
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.
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