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High Court of Zambia - 1981 January

3 judgments
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3 judgments
January 1981
Musakanya v Attorney General (HP 1652 of 1980) [1981] ZMHC 2 (19 January 1981)
Detention under Reg. 33(1) upheld where grounds were sufficiently detailed, served within 14 days, and no presidential mala fides proved.
  • Constitutional law — Preventive detention under Reg. 33(1) — Article 27(1)(a) ‘grounds in detail’ — vagueness is relative; must enable meaningful representation — 14‑day limit for serving grounds — mala fides burden on detainee to prove presidential bad faith/non‑application of mind — police mala fides insufficient to invalidate Presidential detention — Article 15(3) not applicable to Regulation 33(1) public security detentions
19 January 1981
EDWARD JACK SHAMWANA v THE ATTORNEY-GENERAL (1980/HP/1656) [1981] ZMHC 20 (14 January 1981)
Article 15(3) does not apply to Regulation 33 preventive detentions; executive discretion to detain may supersede prosecution.
  • Constitutional law — Detention without trial — Preservation of public security — Regulation 33 — Meaning of "detained" in Articles 15 and 27 — Detaining authority's discretion to detain rather than prosecute — Article 15(3) inapplicable to Regulation 33 detentions (Kapwepwe; Sharma).
14 January 1981
Shamwana v Attorney-General (HP 1656 of 1980) [1981] ZMHC 1 (13 January 1981)
Preventive detention under Regulation 33 is outside Article 15(3); the detaining authority may detain instead of prosecuting.
  • Constitutional law — Detention without trial — Preventive detention under Preservation of Public Security Regulations (reg. 33) — Meaning of "detained" in Articles 15 and 27 — Detaining authority's discretion to detain or prosecute — Article 15(3) inapplicable to reg. 33 detentions
13 January 1981