J29
In the case of Zambia,
the exceptional circumstances
are set out in Article 20 (3).
only
laws
exempted
are those laws that
Under Article 20 (3) of the Constitution the
are
those
that
provide
restrictions
that
are
“reasonably required,” for example:
In the interest of defence, public security, public order, public
(1)
morality or public health; or
of protecting
purpose
the
For
(ii)
the
and
rights
reputations,
freedoms of other persons, etc.
It does not appear to me that Section 67 is reasonably required for those
said
it be
can
Neither
purposes.
that
it is
reasonably
required
for
against
the
imposing restrictions on public officers.
As
Constitutional
guarantee
places the burden
which
Section
judgment,
this
in
stated
I earlier
presumption
of
of
of proof of guilt upon
accused person to prove lack of knowledge
67
offends
innocence
as well as that
It requires an
the State.
of the falsity of his statement,
report or rumour and to show that he took reasonable measures
of his statement,
the truthfulness
that
a
in
throughout
is
does
and
decision
Court’s
207
criminal
a
entrenched
case
in
in
trial,
the
rumour
onus
of
or report.
proof
not shift to the defence.
MWEWA
point.
constitutional
MURONO
v.
The
presumption
right
of
an
The general rule is
remains
The
THE
of
accused
to verify
Supreme
Zambian
PEOPLE
(2004)
Z.R
is
an
innocence
person.
State
the
on
It requires
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