Critical notes on the legal system of zambia pambazuka news. Good governance in the public sector consultation draft. Crime and punishment in zambia 165 however, the high court refused to consider this evidence and emphasised that the law on which criminal cases are to be decided in the high court is that to be found in the penal code and related statutes. No country is fully governed by halakha, but jewish people may decide to settle disputes. The constitution of the second republic provided for a oneparty participatory democracy, with the united national independence party unip the only legal. It includes the court all of them, judges, juries, lawyers, prosecutors, police officers, etc. Zambias contemporary culture is a blend of values, norms, material and spiritual traditions of more. This initiative seeks to exploit other components of zambias rich resource base by promoting. However, the major complaint is that most citizens do not see democracy as delivering. Legal the elements of a good legal system by adriana. Accountability accountability is a key tenet of good governance. It is no secret that the justice system in zambia su ers from. By encapsulating good practice within seven fundamental principles, the emphasis of this international framework is to support application of good practice principles rather than provide guidance on specific governance measures. They influence ones principles and philosophies of life.
Generally, however, it can be understood as a legal political regime under which the law restrains the government by promoting certain liberties and creating order and predictability regarding. The zambian legal system is largely based on english common law. Mahajan 2010 says a good legal system should also be effective and equitable. Zambia must reduce the deforestation rate to ensure a green economy and sustianbale development. Human rights committee of the law association of zambia laz.
Like the american and south african legal systems which were heavily influenced by the british tradition, zambia has a hybrid common law system with a legal authority hierarchy as follows. Introduction the phenomenon of genderbased violence is pervasive around the world, experienced by some one in three women in their lifetimes. Da6business law zambia institute of chartered accountants. Flexibilitya good legal system is one that is sufficiently adaptable to accommodate new kinds of problems and adjust to changes in the needs and desires of those whom it serves. The whole zambian legal system needs to be revamped. They were 1 to join in the building and development of the legal system in zambia, and generally to make available the resources of the school, in staff and students, for the welfare of the zambian community. The threats of climate impacts to sustainable development are critical and these have to be addressed if zambia is to move towards. Business firms and other organizations rely on information systems to carry out and manage their operations, interact with their customers and suppliers, and compete in the marketplace. The law is a body of rules that is designed to control the blameworthy conduct of individuals. Some points of comparison introduction the interest of jurists in legal systems other than their own and in comparative law has been a matter of long tradition.
And whilst a lot of people may not agree with the existence of the law it is still an important and irreplaceable aspect of any society. Zambia wishes to inform the committee that it has a dual legal system and that international treaties are not directly applicable in its domestic law. Magagula is a student at the university of swaziland in the final year of his ll. Da6business law learning outcomes on successful completion of d6, students should be able to. Elements of a good legal system 2 which is held by that dominating political authority or by those to whom it has committed of making such rules. Sharia is the most widespread religious legal system see islamic law, and is the sole system of law for countries including iran, the maldives, and saudi arabia. Metzler t has been observed that we are living in a changed world, a world of new moral concepts but of outworn legal institutions. Judicial reform, constitutionalism and the rule of law in. Unza press for the school of law, university of zambia, c2004.
They influence ones way of living and thus impact social life. Law from the same university and has done research with various consultancy firms in swaziland before. Identify the main sources of zambian law and other essential elements of the zambian legal system explain and apply the legal rules relating to the law of obligations explain and demonstrate how the sales of goods act 1893 impacts upon contracts explain and apply the law relating to employment. Pdf access to justice find, read and cite all the research you need on researchgate. It was during the colonial era that english law was first introduced into its legal system. It is evident that the american legal system has slowly been adapting itself to.
Commercial mercantile law, civil law, criminal law, industrial law, international law. The doctrine of judicial precedent 151 you ll out your claim form you must identify what it is you are suing forotherwise neither the court nor the defendant can respond. Pdf the challenges of accessing justice in zambia researchgate. Good governance means that the processes implemented by the organization to produce favorable results meet the needs of its stakeholders, while making the best use of resources human, technological, financial, natural and environmental at its disposal. By rule of law, he wrote,8 i mean that its rules are public, that similar cases are treated similarly, that there are no bills of attainder, and the like. Notes of the legal system of zambia zambian watchdog. Judicial reform, constitutionalism, and the rule of law in zambia. Yet, the benefits of fdi do not accrue automatically and evenly across countries, sectors and local communities. It is often preceded by an adjective to give it a more precise meaning e. Zambia s initial constitution was abandoned in august 1973 when it became a oneparty state. On successful completion of d6, students should be able to. The characteristics of a good legal system the law is a body of rules that is designed to control the blameworthy conduct of individuals. Indeed, the importance of establishing the cause of action lies even earlier than this. Identify the main sources of zambian law and other essential elements of the zambian legal system.
The elimination of such violence has been increasingly recognized as. Victims also may turn to the criminal justice system, have access to the file and be assisted by an. According to the 2014 zdhs, child marriage affects more girls than boys child marriage in zambia. The legal system of england and wales is a common law system which means that much of the law is to be found in the decisions of judges in individual legal cases. The supreme court is the final court of appeal as well as the constitutional court. From a justice system to a just system muna ndulo cornell law school, cornell university, usa in zambia it is generally agreed on by all stakeholders that the judicial system needs reform to make it more accountable, independent, and able to deliver justice efficiently and. Political governance study in zambia 9 there is still a high endorsement of democracy as a good system of governance though there is need for improvement especially to get it more institutionalbased. This continued to operate even after independence in 1964. The common law and zambia 3 it is generally agreed that the process involves a grouping of facts into categories or classes in accordance with their relevance to a particular legal theory deemed appli cable to both cases so that some facts can be retained as significant and others dismissed as inconsequential. These elements are simple, comprehensive, certain, accessible, flexible and moral values. This man seems to be a genius among the chiefs we have in zambia. Helpful elements for good court performance and the world banks quality. Find legal expertise in zambia commonwealth of nations. Culture is seen as a system of social control, wherein people shape their standards and behavior.
The rule of law does not have a precise definition, and its meaning can vary between different nations and legal traditions. Legal the characteristics of a good legal system by. Information system, an integrated set of components for collecting, storing, and processing data and for providing information, knowledge, and digital products. Read this essay on six elements of a good legal system.
If we could evolve to a point where law was unnecessary, i suspect wed be in. Good observation indeed our legal system is rotten. No country is fully governed by halakha, but jewish people may decide to settle disputes through jewish courts and be bound by their rulings. In the legal sense with which we are concerned in our study of. The judiciary system is independent under the constitution. Foreign direct investment fdi is an integral part of an open and effective international economic system and a major catalyst to development. The legal system is the shadowy underpinning of any large society. Comprehensive legal and judicial development world bank.
Still deeply rooted in its colonial origins, the system has stifled creativity and stunted the possible independent growth of the countrys legal institutions, law making, judicial decisions and legal scholarship. Inexpensive law running a good legal system is not cheap. But to curb the improper application of the law it is important to set down a few things that are expected of a good legal system. Elements of a good legal system elements of a good legal. In any case, a good number of issues of the zambia law journal have published. Customary laws relating to particular communities around the country are also recognised by the constitution. Generally speaking, the laws of england occupy a special place in zambia. Even where the rule of law is absurd, reckless or disproportionate there are basic principles of civilisation that need something to stand on. It is said that the common law differs from other legal systems in this. For ages, human societies have always sought for means of ensuring social harmony and peaceful coexistence, and this has been done through the formation of laws.
Court automation world bank documents world bank group. Lord denning once observed that to become a good lawyer, one needs more than the law. A good understanding of the nigerian legal system, like the comprehension of law itself, requires knowledge and skill in a number of disciplines. These are all features of a legal system insofar as it embodies without deviation the notion of a public system. The us legal system is a system for interpreting and enforcing laws.
Decentralization, or decentralizing governance, refers to the restructuring or reorganization of authority so that there is a system of coresponsibility between institutions of governance at the central, regional and local levels according to the principle of subsidiarity. At any rate, during the twentieth century and especially from about thirty years ago, there has been an extraordinary growth of this interest. However, precedent has been blamed for causing rigidity of legal systems, preventing development of the law. The legal systems of nearly all countries are generally modeled upon elements of five main types. A good governance structure consists of a system of authorisations requiring consent from all the stake holders or their representatives before execution of material contracts. In your reading you will constantly be referred to legal cases or what are sometimes referred to as legal. In our societies today, laws are useful as they act as deterrents and also for problemsolving. Attributes of a good legal system i certainty clearness of. The cultural values form the founding principles of ones life. Although child marriage has declined by 25% from 41.