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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The need for the remedy of an injunction in the protection of fundamental rights and freedoms
Author:Matibini, Patrick
Periodical:Zambia Law Journal
Geographic term:Zambia
Subjects:legal procedure
Abstract:An injunction is an order of the court either compelling a party to take steps or restraining a party from taking specified steps. An injunction, whether mandatory or prohibitory, whether final or interim, can be granted to remedy an injury already suffered or to prevent an injury occurring. Typically injunctions are sought in actions between private individuals or entities. However, there are occasions when injunctions may be sought against public bodies or indeed the State. Although at the outset the State is immune from injunctions, the immunity is not absolute. The author considers the principles and guidelines on which injunctions are granted, and the grant or refusal to grant the remedy of injunction in the protection of fundamental rights and freedoms in the case of Zambia. A number of cases are discussed, notably Zambia National Holdings Limited and United National Independence Party v. Attorney General and Attorney General v. Law Association of Zambia. While the power of the High Court under Article 28(1) of the Constitution is wide enough to warrant issuance of the remedy of an injunction, there is need for Zambia's next Constitution to provide for expressly the issuance of both interlocutory and final injunctions, in the context of the Bill of Rights, in order to avoid doubt and to ensure that effective remedies are available to secure and protect fundamental rights and freedoms. Notes, ref. [ASC Leiden abstract]