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.
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