A critical analysis of the application of the law relating to corroboration by Zambian Courts
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Date
2013-05-13
Authors
Chavula, Paul
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Abstract
Laws, be they substantive or procedural normally affect the public either positively or negatively and thus lawyers must have a full understanding of the implications of the law so that they help courts in applying laws which will be responsive to the demands of the society. There is a huge volume of decisions of lower courts which are being overruled on appeal in sexual and other offences in which corroboration is a requisite. This has been a source of concern among women activists, the church, the civil society and indeed the general public. All these sections of the public demand that the law, be it substantive or procedural should ensure that offenders are punished for their acts. In response to cries from different sectors of the public, the Supreme Court of Zambia does from time to time move in to modify common law in an attempt to make the law easily comprehensible and serve the demands of the society. Despite the Supreme Court modifying common law rules relating to corroboration, some magistrates still fail to comprehend £ind properly apply such modified laws thereby leading to an increased number of decisions of lower courts to be frequently overruled on appeal and guilty offenders walking to freedom, hence there is need to find a solution. It is therefore the objective of this research paper to critically analyse whether the manner in which Zambian courts apply the law relating to corroboration is appropriate to meet the concerns of the Zambian society and ascertain how best the criminal justice system can implement the law relating to corroboration. It is also the aim of this research paper to raise awareness of the modified rules relating to corroboration to the police officers, lawyers, the civil society and the general public. The general public must be aware of the existing rules relating to corroboration in order that they can fully understand and appreciate the judgments passed down by superior courts
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Keywords
Law of Corroboration-Zambia , Courts-Zambia