MULUNGUSHI UNIVERSITY

SCHOOL OF BUSINESS STUDIES

NAME: SALIFYANJI .N.N.NAKASUNDA

STUDENT NAME: 202205385
COURSE NAME: CRIMINAL PROCEDURE
COURSE CODE: 251
PROGRAMME: BACHELOR OF LAW
LECTURER’S NAME: MR.YUMA
DUE DATE: 2 ND OCTOMBER 2023
QUESTION: ONE
This case revolves around allegations of theft, a criminal offense under the jurisdiction of this
court. The accused willful and unlawfully taking possession of a car without the owner’s
consents and with intent to permanently deprive the owner of their car, The case was brought
before the honorable magistrate class (ii) to determine whether the evidence presented before the
court was beyond all reasonable doubt with regards to the charges of theft. As we proceed with
this case, we will carefully examine the facts presented in order to arrive at fair and reasonable
judgement.

Motor vehicle theft is a criminal act in which a person unlawfully takes possession of someone
else motor vehicle without their permission. It is a serious crime with legal consequences which
can be imprisonment for not five years and not exceeding fifteen years and according to section
281 (a) 0f the penal code act cap 87 of the laws of Zambia. 1

Despite chanda being from Rwanda the Zambian courts does not have jurisdiction to offences
committed in Zambia has the powers to convict because the offence was committed in the
country Zambia and this was demonstrated in the case of Roxburg v the people 1972 Z.R. 31
(H.C) 2in this case the Zambian court have respect to the offences committed whether Zambian
or not a long as the offence was committed in Zambia.

The three were arrested by the detective inspector. Arrest this is a legal authority takes someone
or people in to custody and this was demonstrated in the case of Silungwe v the people in 1974
ZLR p.130 3in this case the appellant was convicted for being found drinking whilst driving and
he was arrested by the police.

1
Section 281 (a) 0f the penal code act cap 87 of the laws of Zambia.
2
Roxburg v the people 1972 Z.R. 31 (H.C)
3
Silungwe v the people in 1974 ZLR p.130
Subordinate courts are an essential part of our countries judicial system. The magistrate can
typically be classified into different classes based on their roles; responsibility and experience,
according to section 7 of subordinates act 4are on the same level meaning you cannot a case to
the other magistrate. The accused appeared in court before class (ii) magistrate has the
sentencing powers of maximum tree years and in this case theses people committed theft which
is contrary to section 281 (a) of the penal code act no 1 of the laws of Zambia 5motor vehicle
theft is an offense liable to imprisonment of minimum to 5 years and maximum 15 years. The
class two magistrates did not have the sentencing jurisdiction in this case.

The defense lawyer applied for bail but it was denied, if the accused is convicted and files for an
appeal, the accused is may still apply for bail and un like in the case of the People v Solomon
Mtumayo 6 in this case the accused was not granted bail and was told to remain in custody
pending appearance to the courts.

They are many grounds of appeal that the defense team can raise raise seeking to appeal to
courts decisions one will be discussed .The first one is error of the laws the defense team can
argue that the lower court errored in interpreting or applying the law this can be demonstrated in
the case of Emma kainga v the people 7in this case to appellant succeeded for the appeal on the
grounds that they was an error in the interpretation of case by the previous judge.

Mwanza was charged with murder which is contrary to section 200 of the penal code act 1 of the
laws of Zambia any person who causes death of other person is liable to murder. Murder is an
offence that is non bailable and this was demonstrated in the case of Chilufya v the people
1987ZMSC 1O8 in this case the defendant asked for bail but bail was denied on the ground that
infanticide is on the same footing as murder and murder is a non bailable offence.

4
section 7 of subordinates act
5
section 281 (a) of the penal code act no 1 of the laws of Zambia
6
People v Solomon Mtumayo 2921 ZMCA 59
7
Emma kainga v the people
8
Chilufya v the people 1987ZMSC 1O
Everyone deserves a speedy and fair trial which safe guard their rights and maintains the
integrity of the legal process. Fair and speedy trial is essential for the preservation of individual’s
rights. This gives the defendant to be informed about their charges against them promptly and
have the opportunity to present their defenses without undue delay. This can be demonstrated in
the case of
 REFERENCE
(1) Section 281 (a) 0f the penal code act cap 87 of the laws of Zambia.
(2) Roxburg v the people 1972 Z.R. 31 (H.C
(3) Silungwe v the people in 1974 ZLR p.130
(4) section 7 of subordinates act
(5) section 281 (a) of the penal code act no 1 of the laws of Zambia
(6) People v Solomon Mtumayo 2921 ZMCA 59
(7) Emma kainga v the people
(8) Chilufya v the people 1987ZMSC 1O