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High Court of Zambia - 1982 August

3 judgments
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3 judgments
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Judgment date
August 1982
Attorney- General v Shamwana and Others (HP 1103 of 1981) [1982] ZMHC 9 (19 August 1982)
High Court may grant prohibition or mandamus in criminal proceedings where a subordinate court acts beyond its jurisdiction.
Judicial review remedies — Prohibition and mandamus against subordinate courts in criminal proceedings — High Court jurisdiction and discretion — Prohibition may be sought before decision — Remedy depends on excess of jurisdiction, not nature of proceedings.
 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)
A chief’s s.11 powers justified handcuffing and temporary detention for affray; unlawful detention claim dismissed.
Chiefs Act s.11 — powers to preserve public peace; reasonable measures to quell riot, affray or similar disorder; Penal Code s.88 — affray; lawful temporary detention by traditional authority; claim for unlawful detention dismissed.
 3 August 1982