Habeas Corpus 213. As earlier stated Habeas Corpus is granted in cases where an accused person has been over detained and has never appeared before court. Judicial Review 214. Mandamus is a remedy that exists under Section 344 of the Criminal Procedure Code. It compels the performance of a public duty by an inferior Court given at the direction of a superior Court. 215. Certiorari is an order of a higher Court aimed at quashing the decision of an inferior Court or tribunal. In the matter of Ludwig Sondashi Vs the Speaker of the National Assembly 1998/HP/111 the applicant who a Member of Parliament was suspended from the National Assembly on account of a statement that he made to the press that “in a democracy, coups can sometimes be positive and may be necessary and may also be helpful”. This was in the aftermath of the abortive coup d e’tat of October 1997. 216. The applicant challenged this action by way of judicial review. He applied for an order of certiorari to quash the decision of the House to suspend him from his parliamentary duties and further in the alternative that the decision was null and void as it was made in bad faith and in contravention of Articles 20, 64, 65 and 71 of the Constitution of Zambia as read with Sections 19 and 28 of the National Assembly (Powers and Privileges) Act Chapter 12. 96

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