Social and Behavioral Sciences Commons^™

Enock Kahale & 3 Others V The People [2021] Zmca 26, John Hatchard

SAIPAR Case Review

In both criminal and civil cases, the general rule is that a witness may only testify as to matters of fact of which they have personal knowledge. Thus, a witness may not draw inferences from the facts, speculate about the causes of the facts or make value judgments about those facts. The case of Kahale is unusual in that the expert who was required to give evidence, i.e., the ballistics expert, did not do so whilst PW7, a non-expert, was permitted to give evidence that required an expert in the relevant field. There was therefore a complete absence of expert …

The People V Attorney General & Energy Regulation Board [2020] Hp 0575, Chipasha Mulenga, Kangwa-Musole George Chisanga

SAIPAR Case Review

No abstract provided.

Prosecutor-General Of Namibia V Namoloh And Others 2020 (3) Nr 839 (Sc), Dunia P. Zongwe

SAIPAR Case Review

Namoloh is the leading case on the definition of an accused in Namibia. It is true that, so far, there have been quite some confusion on the definition of ‘accused.’ For instance, the Criminal Procedure Act does not describe the accused and actually refer to the person through the sentencing process ‘the accused’ even if the accused has already been ‘convicted’. The Namoloh case therefore stabilizes criminal law in Namibia by clarifying who does and who does not qualify as an ‘accused’.

Nonetheless, the way in which the Supreme Court resolved the question of permanent stays of prosecution contradicts the …

Is The Constitutional Court Fanning The Flames Of Potential Unrest? A Review Of Recent Political Cases, O'Brien Kaaba, Felicity Kayumba Kalunga, Pamela Towela Sambo

SAIPAR Case Review

The cases we discuss in this article raise fundamental questions about access to justice. Inefficient delivery of judgments, issuance of unreasoned or thinly reasoned rulings, inordinate delay in hearing matters, and awarding of unwarranted costs in public interest matters all militate against access to justice. Access to justice is important in maintaining law and order and promoting the rule of law. As US Supreme Court Judge, Stevens, stated in Bush v Gore 531 US 98 (2000), ‘It is confidence in the men and women who administer the judicial system that is the true backbone of the rule of law.’ Where …

Vol. 7, Number 1 Front Matter

Zambia Social Science Journal

No abstract provided.

Book Reviews, Sishuwa Sishuwa, Austin M. Cheyeka, Daniela Atanasova

Zambia Social Science Journal

No abstract provided.

Industrial Policy In Context: Comparative Experiences From Chile And Zambia, Frank Chansa, Ngao Mubanga, Dale Mudenda, Manenga Ndulo

Zambia Social Science Journal

This article tries to draw lessons from Chile for Zambia on innovative industrial policy and strategies that lead to industrial transformation and job creation. The creation of quality jobs for the increasingly skilled youth requires significant efforts. Industrial policy has been argued to have the potential to contribute to the creation of employment through support for new and old initiatives in the economy. In the case of Zambia, the economy has mainly been dominated by the mining sector, where the creation of jobs has been very small, whereas the comparator country Chile developed an institutional framework for industrial policy that …

Does Foreign Direct Investment Matter For Industrialisation In Nigeria?, Obianuju Ogochukwu Nnadozie, Lotanna Ernest Emediegwu, Anthony Monye-Emina

Zambia Social Science Journal

This paper employs cointegration and error correction techniques to provide empirical evidence on the dynamic relationship between foreign direct investment (FDI) and industrialisation in Nigeria for the period 1981-2015. Our findings show that FDI does not have a significant effect on industrialisation in Nigeria either in the short run or the long run. Also, the empirical results reveal that trade significantly harms industrialisation in Nigeria both in the short run and the long run. Our empirical results are, however, not surprising given that FDI inflows into Nigeria have largely been resource-seeking, that is, mainly targeted at the oil sector with …

An Ethnological Analysis Of The Influence Of Mobile Money On Financial Inclusion: The Case Of Urban Zambia, Edna Kabala, Rosemary Mapoma, Chitimba Nalutongwe, Diana Muyani, John Lungu

Zambia Social Science Journal

The issue of access to financial products has been a public policy issue since 2005 when the first FinScope Zambia study was conducted. The 2015 study indicated that 40.7% of adults were financially excluded. This article investigates the influence of mobile money on financial inclusion using urban Kitwe and Kalulushi as case studies. We employ an ethnographic methodology to understand the extent to which mobile money has encouraged the unbanked population to access financial products and services. The findings indicate that mobile money has a positive influence on financial inclusion. It is easier to open accounts with mobile money kiosks …