MULUNGUSHI UNIVERSITY
SCHOOL OF BUSINESS STUDIES
DEPARTMENT OF LAW, LABOUR AND HUMAN RESOURCE MANAGEMENT
NAME : STEPHEN WANSELAULA
STUDENT NUMBER : 202307059
PROGRAMME : BACHELOR OF LAWS
COURSE NAME : LEGAL PROCESS
COURSE CODE : BLL 111
ASSIGNMENT : 2
LECTURER NAME : MR. YUMA ZACKS
DUE DATE : TUESDAY 3rd OCTOBER, 2023
Law is a set of rules recognized as commanding or forbidding certain actions, so as to regulate the
conduct of all persons within a particular State and are enforceable by the courts of that State.1
In Zambia, the major sources of law are the Constitution, Acts of Parliament, Judicial precedent,
delegated legislation customary law, Common law, Equity, international law and modern textbooks.
Among all the above listed sources of law, The Constitution is the main principle source of law, it is
thesupreme law of the republic of Zambia and if any other law is inconsistent with it, that other law is
void to the extent of its inconsistency. Further, it binds all persons in the Republic of Zambia including
allLegislative, Executive and Judicial organs of the country. This can be established in the case of Thomas
Mumba V the people2 another case which confirms the position that the validity of all other laws
depends on their conformity with the constitution is the case of Christine Mulundika & 7 Others vs. The
People3. All these cases show how important the constitution is and that all other laws in the country
derive their powers from it.
The second source of law in Zambia is the Acts of parliament, these are laws passed by parliament.
Parliament consists of thee president and the National assembly and they draw their powers from
Article 62 of the constitution of Zambia 4. Acts of parliament are also known as statutes, bills. The
President has powers under Article 44(3) (b) of the constitution of Zambia 5 to initiate legislation for
submission to the national assembly for consideration.
This refers to a process by which a legislature delegates some of its lawmaking powers or authority to
make rules; this is necessitated by Article 80(1) of the Constitution of Zambia6.
Judicial Precedent also known as case law, It refers to the practice of courts using previous decisions or
rulings (cases) as a basis for deciding similar legal issues in current or future cases. The doctrine of
precedent declares that cases must be decided the same way when their material facts are the same. It
helps lawyers and their clients to predict the outcome.
1. Magaret Munalula
2. Thomas Mumba V the people
3. Christine Mulundika & 7 Others vs. The People
4. Article 62 of the constitution of Zambia
5. Article 44(3) (b) of the constitution of Zambia
6. Article 80(1) of the Constitution of Zambia
There are basically two types precedent and these are; Original precedent and Binding precedent. An
original precedent is a type of precedent which is created when a point of law has never been decided
before. An example is Donough v Stevenson(1932) AC, 5627.
Binding Precedents, these are cases which a court must follow whatever the results of its application. In
Zambia every decision of the Supreme court is binding on all lower courts as long as there are similarities
in the in the facts.
Customary law is a recognized source of law in many countries, including Zambia as well as Angola. It is a
set or pattern of behavior that has been observed and accepted by law in a given society, this type of law
has no definite authors. In Zambia customary law is recognized in Article 23(4) (d) of the Constitution of
Zambia8. Section 16 of the subordinate Courts9 act recognizes the application of customary law and
according to section 12 of the Local Court Act10, every Local Court Act has jurisdiction to administer the
African customary law applicable to any matter before it as long as such a law is not repugnant to natural
justice and morality.
International Law, this is a set of rules and principles governing relations and conduct of a state or
country. It is divided into two main categories and these are; Customary international law and the law of
Bilateral and multilateral agreement. Bilateral or multilateral agreements are a source of law of only if
they have been domesticated as in the case of Zambia Sugar Plc vs Fellow Nanzaluka11
Modern text books, text books written by eminent legal scholars are considered as secondary sources of
law that provides legal analysis and explanation. They are valuable resources for understanding legal
concepts.
Common Law is, this is the body of customary law of England it is developed through the decisions of the
courts, rather than by relying solely on statutes or regulations
7. Donough v Stevenson(1932) AC, 562
8. Article 23(4)(d) of the Constitution of Zambia
9. Section 16 of the subordinate Courts
10. Section 12 of the Local Court Act
11. Zambia Sugar Plc vs Fellow Nanzaluka SCZ Appeal No. 82/2001
It originated in England in the 12th century, and has been adopted and adapted by many countries that
were once under British rule, such as Zambia and Angola.
Equity is another source of law is defined as the body of law that addresses concerns that falls outside
the jurisdiction of common law. It seeks to advance just and fair in the circumstance of each case.
The extent to which common law, equity and English statutes are a source of law in Zambia is spelt out in
the English law (Extent of Application) Act 1963.12 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 Zulu13 made
the White Book of 1999 applicable to Zambia and subsequently, made all cases stated therein, binding
on the Zambian courts.
7. (Exrent of Application) Act 1963
8. Ruth Kumbi v Robinson Kaleb Zulu SCZ Judgment No. 19 of 2009
BIBLIOGRAPHY
Casses
2. Thomas Mumba V the people
3. Christine Mulundika & 7 Others vs. The People
4. Donough v Stevenson(1932) AC, 562
Books
Legal Process Mulela Margaret Munalula - 2004
JOURNALS
www.cambridge.org/core/journals/cambridge-law-journal
