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High Court of Zambia - 1982 August

3 judgments
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3 judgments
August 1982
Attorney- General v Shamwana and Others (HP 1103 of 1981) [1982] ZMHC 9 (19 August 1982)
High Court may issue prohibition and mandamus in pending magistrates' criminal proceedings, discretion depending on jurisdictional excesses.
  • Judicial review — Prohibition and mandamus — High Court jurisdiction to restrain subordinate courts in criminal matters — Availability before lower court decision — Discretionary relief — Compliance with Order 53
19 August 1982
Joseph Mweene v Attorney General (1980/HP/546) [1982] ZMHC 13 (4 August 1982)
Chief’s statutory power to preserve peace justified reasonable handcuffing and overnight detention for affray; claim dismissed.
  • Chiefs Act s.11 — power to preserve public peace; reasonable measures to quell riot/affray; Penal Code s.88 — affray; lawfulness of arrest, handcuffing and customary overnight detention at chief’s palace.
4 August 1982
Attorney-General (HP 546 of 1980) [1982] ZMHC 8 (3 August 1982)
Whether a chief may lawfully arrest and detain the applicant without a warrant to prevent affray and preserve public peace.
  • Chiefs Act s.11 — powers to preserve public peace; Penal Code s.88 — affray; reasonable measures by chiefs; warrantless arrest and temporary detention lawful to prevent disorder
3 August 1982