mumba malila

University of Zambia, SCHOOL OF LAW, Faculty Member

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An ardent and passionate business law and human rights researcher, firm advocate of justice and good governance
Address: Lusaka, Lusaka, Zambia

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Muqtedar Khan

University of Delaware

Benjamin Isakhan

Deakin University

Armando Marques-Guedes

UNL - New University of Lisbon

George Lawson

The Australian National University

Mauro Grondona

University of Genova

Peter D. Thomas

Brunel University

Rafael Domingo Osle

University of Navarra

Eckart Otto

Ludwig-Maximilians-Universität München

Thomas Hylland Eriksen

University of Oslo

Ruben Apressyan

The Institute of Philosophy of the Russian Academy of Sciences

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Papers by mumba malila

Skirting the Justice System through Presidential Clemency in Zambia: Some Critical Reflections

African Journal of International and Comparative Law

Presidential or executive power of pardoning convicted offenders is, generally speaking, beyond o... more Presidential or executive power of pardoning convicted offenders is, generally speaking, beyond ordinary checks and balances. It could arguably be one of the most controversial of executive powers prone to abuse by the political elite. To the extent that the power sanctions the circumvention of the justice system by undoing, sidestepping, and interfering with some judicial outcomes, its appropriateness has been questioned as being possibly a serious indictment on the separation of powers and the rule of law. This contribution focuses on the use of the presidential power of clemency in Zambia as a reflective case study. It addresses some of the legitimate questions that arise from a legal and constitutional standpoint in the use of this power. The paper argues that the danger that is posed to the independence of the judiciary by the power of pardon does not derive from the mere existence of the prerogative of mercy powers, but rather from collateral factors such as the apparent failu...

The place of individuals? duties in international human rights law : perspectives from the African human rights system

Individuals’ Duties in the African Human Rights Protection System. Challenges and Prospects

Mocking the successful litigant: legally sanctioned denial of the fruits of judgments in Zambia

Zambia Law Journal, 2005

The dearth of the rights of HIV-positive employees in Zambia: a case comment on Stanley Kangaipe and Another v Attorney-General

African Human Rights Law Journal, 2012

The shifting paradigms in the fight against corruption in Zambia

Zambia Law Journal, 2012

Contempt of court and the limitation of freedom of expression in the course of judicial proceedings: the Zambian experience

Zambia Law Journal, 2006

The sleep of the just: misunderstanding economic, social and cultural rights in Zambia

Zambia Law Journal, 2010