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: TWO
Within the intricate framework of a nation’s legal system, the military system stands as a unique
entity tasked with maintaining discipline, enforcing order, and upholding the law within the
armed forces. At the heart of military justice lies the court martial. Court martial is a specialized
legal proceeding designed to address offences committed in the military personal.

The court martial is there to maintain strict discipline which is essential to the operation of any
military organization. It’s a there to protect the rights of military members accused of offenses. It
was established to provide fairness and due process protecting the rights of military members
accused of offenses.it was also established to safeguard military values of the armed forces
emphasizing duty, honor, integrity, and selfless. The defense martial was established under the
defense act cap 106 section 86 of the defense act of Zambia 1gives them powers to try anyone
under military and corpora Nguvulu Sayatamba was enlisted in the army.

Embezzlement of money within the military, like any other origination, is a serious breach of
trust, discipline and the law. Embezzlement in the military is treated as a serious offense with
severe consequences which can include; legal action military personal found guilty of
embezzlement can face criminal charges and prosecution under military law. Embezzlement in
the military is viewed with zero tolerance, as it compromises the integrity of the armed forces
and undermines the trusted placed in military personnel. And this can be demonstrated in the
case of john Ezekiel Mumba v the people2. In this case the appellant was in the defence force
while acting with his two friend they fraud obtained 20 million from the Zambian air force and
they were detained they were convicted them to two years imprisonment with hard labor. What
corporal Nguluvu Sayatamba committed fraud by embezzling the money of the army and he is
liable to punishment.

1
Defense act cap 106 section 86 of the defense act of Zambia

2
john Ezekiel Mumba v the people
Corporal Nguluv was dismissed from the army on the 2nd 2023 of June and was subjected to
military law he was put through to military law in the court martial on the 8th September 2023,
with accordance to section 121(1) of the defence act chapter 106 of the laws of Zambia3.
Corporal Nguluv was dismissed from the army and according to the section its states the person
who leaves the army should be subjected to the martial court must be tried within three months
after leaving the army. In this case corporal Nguluv cannot be subjected to trial because four
months passed after his dismissal.

Despite corporal Nguluv being acquitted from the decision of the court he can be subjected to
trial and convicted as a normal citizen of the country.

section 121(1) of the defense act chapter 106 of the laws of Zambia
In conclusion the army cannot subject corpora nguluv to trial due to the reason listed above
against the action of the army. But he can be triad as a normal citizen.
 REFERENCE

(1) Defense act cap 106 section 86 of the defense act of Zambia

(2) John Ezekiel Mumba v the people

(3) section 121(1) of the defence act chapter 106 of the laws of Zambia