In many jurisdictions, including Zambia, the Witchcraft Act Cap. 90 is a legislation that aims to protect individuals from accusations of witchcraft and related practices. Section 3 of the Act specifically provides that it is an offence to accuse another…

In law, silence is generally not considered a valid form of consent or acceptance. This principle is rooted in the idea that consent requires an affirmative expression of agreement, rather than simply a lack of objection. *The General Rule: Silence…

The State’s authority to take certain courses of action is often grounded in the doctrine of public interest, safety, and morality. This doctrine provides a legal justification for State intervention in various matters, prioritizing the well-being and protection of society…

In the realm of law, silence can be ambiguous. When the law is silent about a particular issue or “thing,” it does not necessarily imply permission or prohibition. Instead, the silence of the law places the burden of proof on…

*In Zambia, customary law plays a vital role in the country’s legal framework. As recognized by the Republican Constitution, customary law is a source of law that is integral to the governance of traditional practices and community relationships. However, this…

In Zambia, customary law plays a vital role in the country’s legal framework. As recognized by the Republican Constitution, customary law is a source of law that is integral to the governance of traditional practices and community relationships. However, this…

In criminal law, self-defence is a recognised legal defence that allows a person to use reasonable force to protect themselves from harm. However, this defence is not absolute and is subject to strict legal requirements, especially under Zambian law. One…

The criminal justice system plays a crucial role in maintaining law and order by addressing crime through a range of responses. Traditionally, this system was largely retributive—focused on punishing the offender. However, in modern legal discourse, justice is no longer…

Introduction In 2022, Zambia made a landmark move by abolishing the death penalty through the Penal Code (Amendment) Act, joining a growing number of nations moving away from capital punishment. This development was widely celebrated by human rights advocates and…

Until recently, the offence of murder in Zambia carried the mandatory death penalty by hanging, as prescribed under the Penal Code. This punishment had long been a subject of human rights debates, both locally and internationally, with many arguing that…

In Zambia, the unlawful killing of another human being is considered one of the most serious criminal offences. However, the law recognizes different degrees of culpability depending on the circumstances under which the killing occurred. As such, a person who…

*Introduction* In Zambia, every lawyer who wishes to practice law is required to take an oath of allegiance to the President of the Republic of Zambia. This oath is a solemn promise to be faithful and bear true allegiance to…