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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Should ignorance or mistake of law be a defence in Zimbabwe?
Author:Feltoe, G.
Periodical:The Zimbabwe Law Journal
Geographic term:Zimbabwe
Abstract:The decision of the South African Appelate Division in S v De Blom 1977 (3) SA 513 gives very considerable scope to the defence of ignorance or mistake of law, and in the recent, so far unreported cases of Lorenz and Appleton the Supreme Court of Zimbabwe held that the decision whether to follow De Blom should be deferred until the question could be argued before a full bench. The author considers the groundwork for such an argument, concluding that a fair and workable compromise can and should be reached between a rigid application of the ignorantia juris rule and the new approach laid down in De Blom. The latter part of the article contains an analysis of Rhodesian and Zimbabwean cases on the defence of claim of right, all of which would have to be reconsidered in the course of the full argument contemplated by the Supreme Court. Notes.