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Title: | Mocking the successful litigant: legally sanctioned denial of the fruits of judgments in Zambia |
Author: | Malila, Mumba![]() |
Year: | 2005 |
Periodical: | Zambia Law Journal |
Volume: | 37 |
Pages: | 25-51 |
Language: | English |
Geographic term: | Zambia |
Subjects: | impunity public law legislation judgments |
Abstract: | A number of pieces of legislation in Zambia have now been amended for the purpose of protecting certain institutions from the effects of execution of judgment against them. Besides the State Proceedings Act, the Tanzania-Zambia Railway Authority Act, the National Health Services Act, the University Act, the Bank of Zambia Act and the Local Government Act all allow for court judgments to be ignored with impunity. While there is need to protect certain institutions from the effect of execution of judgments against them, legislating against execution, without corresponding safeguard measures in favour of litigants to prevent the abuse of such protective legal provisions, is a mockery of the successful litigant and an assault on the legal system in general. Notes, ref. [ASC Leiden abstract] |