The Legal Ramifications of the Importation of English Law

Abstract

It is essential for every society or country to have laws that reflect the aspirations of the people it seeks to govern. For this reason this dissertation looks at the ramifications of the application of English Law in Zambia without making the necessary changes to it in order to suit the social, economic, political and cultural status of Zambia. The paper looks at the application of the English common law, statutory law as well as case law and how such English Law has affected the Zambian legal system as well as the Zambian people at large. It is clear that English Law should be applied in Zambia only when and where there is a lacuna.1 The case of Ruth Kumbi v Robinson Kaleb Zulu made the White Book of 1999 applicable to Zambia and subsequently, made all cases stated therein, binding on the Zambian courts. This means that the White Book is now applicable even where there is no default in the laws of Zambia. Zambia has her own legal system which should be peculiar only to her in that it should operate in Zambia in accordance with her problems or condition of living. The Matrimonial Causes Act of 2007 is a reproduction of the English Matrimonial Causes Act of 2007 and as such has not reflected the problems and conditions of the Zambian people. Therefore, English Law must not be applied in Zambia without making all the necessary modifications to it in order to suit the needs of the Zambian citizenry. The Zambian legislature will be on firm ground borrow from English law considering the fact that it is more complex than Zambian Law, however in so doing they must borrow only to the extent that such English Law does not diverge completely from the aspirations of the Zambian people.