عنوان
پدید آورنده
موضوع
رده
کتابخانه
محل استقرار
NATIONAL BIBLIOGRAPHY NUMBER
Number
LA108066
LANGUAGE OF THE ITEM
.Language of Text, Soundtrack etc
انگلیسی
TITLE AND STATEMENT OF RESPONSIBILITY
Title Proper
A Curious Decision by Zambia's Highest Court:
General Material Designation
[Article]
Other Title Information
Six Years Imprisonment for Civil Contempt?
First Statement of Responsibility
Christopher Phiri
.PUBLICATION, DISTRIBUTION, ETC
Place of Publication, Distribution, etc.
Leiden
Name of Publisher, Distributor, etc.
Brill | Nijhoff
SUMMARY OR ABSTRACT
Text of Note
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.
SET
Date of Publication
2019
Physical description
115-138
Title
African Journal of Legal Studies
Volume Number
12/2
International Standard Serial Number
1708-7384
UNCONTROLLED SUBJECT TERMS
Subject Term
civil contempt
Subject Term
criminal contempt
Subject Term
nemo judex in sua causa
Subject Term
scandalising judges
Subject Term
Supreme Court of Zambia
PERSONAL NAME - PRIMARY RESPONSIBILITY
Christopher Phiri
LOCATION AND CALL NUMBER
Call Number
10.1163/17087384-12340046
ELECTRONIC LOCATION AND ACCESS
Electronic name
مطالعه متن کتاب p
[Article]
275578
a
Y
