“Upon consideration of the law before me, I hasten to point out that the Republican Constitution, which is a written Constitution of Zambia, is the Supreme law of the land, and consequently, all other laws derive their force of law from it, and are therefore subordinated to it. This being the legal position, it cannot therefore be doubted that unless the Constitution is specifically amended, any provisions of an Act of Parliament that contravenes provisions of the Constitution is null and void. Article 15 of the Constitution is couched in very clear and unambiguous language, that no person shall be subjected to torture or to inhuman or degrading punishment or other like treatment. On the contrary, it cannot be doubted that the provisions of Section 14 (c) and 27 of the Penal Code which permit the infliction or imposition of corporal punishment of offenders are in total contravention, and conflict with the above provisions of Article 15 of the Constitution.” 431. Judge Chulu further stated that due to the unconstitutionality of Sections 24 (c) and 27 of the Penal Code, the provisions should be severed from the Penal Code. 432. The State party has outlawed corporal punishment following the enactment of the Criminal Procedure Code (Amendment) Act No. 9 of 2003, the Penal Code (Amendment) Act No. 10 of 2003, and the Education Act (Amendment) Act No. 11 of 2003. C. ADMINISTRATIVE MEASURES Basic Education 433. The State party is committed to providing universal education for all children, as indicated in the following policy goals of the Ministry of Education: a. Every child should have seven years of basic education by the year 2005; b. Every child should have access to nine years of good quality basic education by the year 2015; 164

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