In order to secure a conviction for murder, the prosecution must prove two essential elements: the “actus reus” (the act of killing) and the “mens rea” (the mindset behind the killing). Both elements must be proven beyond a reasonable doubt…

In the context of criminal proceedings, the law recognizes the importance of protecting the marital relationship by granting spouses a privilege against being compelled to testify against each other. This privilege is rooted in the idea that the marital bond…

*In Zambia, murder is considered a serious and grave offence, and as such, it is not a bailable offence. This means that individuals accused of murder are not entitled to bail as a matter of right. *Implications The classification of…

In Zambia, the police have the authority to arrest individuals suspected of committing a crime, but the threshold for making an arrest is relatively low. According to the law, the police only require “reasonable suspicion” that a crime has been…

The Government of the Republic of Zambia has announced plans to introduce a new law that will grant the Registrar at the Ministry of Lands and Natural Resources the authority to cancel Certificates of Title obtained through fraudulent and illegal…

*The term “landlord” has its roots in the feudal system, where land was a valuable commodity and a medium of exchange. In feudal times, lords held vast tracts of land and wielded significant power and influence over their tenants. This…

The legal principle of fixtures, also known as accession, holds that when someone builds on someone else’s land without permission, the buildings or structures become the property of the landowner. This doctrine is rooted in the idea that the land…

In Zambia, converting traditional land to statutory tenure requires the consent of the Chief, rather than the headman. This is an important distinction, as it highlights the authority vested in Chiefs to manage and administer traditional land within their jurisdictions.…

The Court of Appeal in Zambia, in the case of Dr. George Banda vs Betile Phiri and 4 Others Appeal No.113 of 2018, delivered a significant judgment regarding the sale of traditional land. The court’s decision, handed down on April…

The Zambian Constitution provides a unique mechanism for protecting the Constitution and promoting good governance through public interest litigation. Any person in Zambia can sue in the Constitutional Court to defend the Constitution from being violated, ensuring that the rule…

*The Zambian Constitution provides a framework for the exercise of power by the President, including the issuance of instructions. However, the Constitution makes it clear that oral instructions by the President have no constitutional force unless they are reduced to…

The First Lady of Zambia plays a significant role in the country’s social and ceremonial landscape, but her position is not vested with formal or constitutional powers. As the spouse of the President, her role is primarily defined by tradition,…