A Curious Decision by Zambia’s Highest Court:

مرکز و کتابخانه مطالعات اسلامی به زبان های اروپایی

منو

" A Curious Decision by Zambia’s Highest Court: "
Christopher Phiri

Document Type	:	AL
Record Number	:	1064437
Doc. No	:	LA108066
Call No	:	‭10.1163/17087384-12340046‬
Language of Document	:	English
Main Entry	:	Christopher Phiri
Title & Author	:	A Curious Decision by Zambia’s Highest Court: [Article] : Six Years Imprisonment for Civil Contempt?\ Christopher Phiri
Publication Statement	:	Leiden: Brill \| Nijhoff
Title of Periodical	:	African Journal of Legal Studies
Date	:	2019
Volume/ Issue Number	:	12/2
Page No	:	115–138
Abstract	:	On 23 November 2018, the Supreme Court of Zambia delivered a judgement which suggests that Zambian judges have virtually unbridled power to move on their own motion to punish for contempt of court anyone who criticises their judicial decisions. This article considers that judgement. It argues that whilst justice might well have been done in the case in question, it was certainly not seen to be done. Two main reasons are given for this argument. First, the judges appeared to have acted both as prosecutors and adjudicators in their own cause when it was neither urgent nor imperative to act immediately on their own motion. Second, the classification by the Court of the contempt in question as civil contempt rather than criminal contempt is alien to the common law world. The article culminates in a clarion call for the Zambian legislature to intervene and clarify the law of contempt of court to avert capricious and unbridled invocation of the judicial power to punish for contempt. On 23 November 2018, the Supreme Court of Zambia delivered a judgement which suggests that Zambian judges have virtually unbridled power to move on their own motion to punish for contempt of court anyone who criticises their judicial decisions. This article considers that judgement. It argues that whilst justice might well have been done in the case in question, it was certainly not seen to be done. Two main reasons are given for this argument. First, the judges appeared to have acted both as prosecutors and adjudicators in their own cause when it was neither urgent nor imperative to act immediately on their own motion. Second, the classification by the Court of the contempt in question as civil contempt rather than criminal contempt is alien to the common law world. The article culminates in a clarion call for the Zambian legislature to intervene and clarify the law of contempt of court to avert capricious and unbridled invocation of the judicial power to punish for contempt.
Descriptor	:	civil contempt
Descriptor	:	criminal contempt
Descriptor	:	nemo judex in sua causa
Descriptor	:	scandalising judges
Descriptor	:	Supreme Court of Zambia
Location & Call number	:	‭10.1163/17087384-12340046‬