J16
goes
against
person
the
enshrined
to give evidence
right
against
compellability
at his trial as guaranteed
under
of an
accused
Article
18 (7) of
the Constitution.
As already stated, there is no doubt as to the genesis of Section 67, that
is to
say,
1938
and
amended
in
1958.
Counsel
for
the
24
and
34
Applicants have traced its roots to the Statute of Westminster of 1275 in
Kingdom,
United
the
prescribed the offence “scandalum
defamatory
making
or
peers, judges
head itt part; “rue from
news
false
any
or tales
The
Edition).
words
used
as
in Osborne’s
in the
statute
none be so hardy to tell or publish
henceforth
discord,
whereby
grow between
slander may
the
(11th
such
of high rank,
officers of state as defined
distinguished
statute
That
which was the offence of
magnatum”,
regarding persons
statements
Dictionary
Law
Concise
masters.
colonial
former
Zambia’s
or
of discord
or
or the great men
of
occasion
King and his people,
Realm.”
It cannot be denied that the post colonial conditions and political climate
are very
different
there is
in
place
from
those
of the
law
those
on
“false
news”
the
present
which
times.
a constitution with an entrenched
was none during the colonial era.
the
colonial
at the
Whereas
presently
Bill of Rights, there
I believe the intention of the makers
time
democratic
to
have
been
dispensation
quite
different
could
have
of
from
allowed.
Can it or ought it to be sustained in the face of the current constitutional
developments
as well as world view?
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières