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?

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