ZAMBIAN OPEN UNIVERSITY

SCHOOL OF LAW

FIRST SEMESTER 2021

L327 ADR ASSIGNMENTS

Assignment I – 25marks

There are no particular Rules that govern the conduct of counsel from the Zambian
Jurisdiction in arbitral proceedings. However, the Law requires Counsel to conduct himself
in a manner unlikely to diminish public confidence in the legal profession or administration
of justice or otherwise bring the legal profession into disrepute, whether before the courts of
law, administrative tribunals, mediation processes, commissions of inquiry and arbitrations.

Rule 32(l)(a)(iii) of the Legal Practitioners Practice Rules 2002 provides that;
"A Practitioner shall not engage in conduct whether in pursuit of the profession or otherwise
which is likely to diminish public confidence in the legal profession or the administration of
justice or otherwise bring the legal profession into disrepute." Discuss.
Due date: 05/03/2021

Assignment II – 25marks
Mr. Sekwila Gondwe, a legal practitioner is charged with the unlawful killing of his mother
in law. He comes into your chambers seeking to retain you as his defense counsel. He tells
you that he lost control and strangled the deceased after she accused him of infidelity at his
house. He did not mean to kill her but after her death he felt quite relieved and he had no
regrets about what he did. She was a nagging woman who had caused him nothing but
misery. To cover himself, he had dumped the body near a homeless shelter hoping that one of
the inmates could be blamed for the killing. He knew of one shelter inmate who was
particularly violent and whose mental capacity was very limited. Gondwe had previously
defended the inmate on an aggravated assault charge and he thought his ex-client could easily
be used as a scapegoat for the murder. He tells you that the only evidence the police have
against him is the statement of the neighbour who will attest to a violent commotion at
Gondwe's house on the night of the murder. She did not actually see Gondwe dump the body
where it was later found. Gondwe tells you that although he did kill the deceased, he has a
very good chance of avoiding a conviction if you take his instructions and craft his defense in
such a way that you plant in the mind of the judge, the impression that Gondwe's previous
client, the violent homeless man may have been responsible for the killing. He further says he
will organize evidence "proving" that he was absolutely innocent of the killing including
calling his girlfriend to back an alibi placing him many miles away from the scene of the
crime. Gondwe offers to help you frame the questions in your cross examination. He intends
to plead not guilty. He is particularly anxious that he should not be found guilty because a
thorough search of the court records would reveal that, under a false name, he had been
previously convicted of a serious assault and fraud prior to his admission to the bar. He did
not disclose this in his Petition for admission to the bar and he is afraid that revelations on his
background could lead to his being struck off the Roll. After hearing Gondwe's story, you are
undecided as to whether or not to take instructions. You however feel compelled to explain to
Gondwe what you consider to be your duties and obligations in the circumstances of this case
and the reasons that will inform your final decision.
Tender your explanation to Gondwe.
Due date: 23/04/2021
INSTRUCTIONS: EACH ASSIGNMENT SHOULD NOT EXCEED TEN PAGES.
ASSIGNMENTS MUST BE TYPED IN FONT SIZE 12 TIMES NEW ROMAN
STYLE, 1.5 SPACING. ASSIGNMENTS NOT SUBMITTED BY THE DUE DATE
WILL NOT BE ASSESSED.
Lecturer: Ms. Cleopatra