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G11.CIVIC ED - Zambia's Legal System

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100% found this document useful (1 vote)
873 views21 pages

G11.CIVIC ED - Zambia's Legal System

Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 21

DEPARTMENT OF SOCIAL SCIENCES

LESSON PLAN
NAME OF TEACHER: ……………………… DATE:
SUBJECT: Civic education DURATION:80 MINUTES
TOPIC: Introduction of Zambia’s Legal system CLASS:
SUBTOPIC: NO OF BOYS…
GIRLS…
REFERENCES: long man civic education book 11 long man pg and other sources
TEACHING LEARNING /AIDS: learners book, chalk board and chart
RATIONALE: This lesson is on Zambia’s Legal system. Teacher Exposition, Question and answer and
group or class discussion methods will be used . This lesson will develop learners knowledge’s about A
set of rules which a society develops for itself to control the behaviours of its members towards one
another and Simple, comprehensive, certain flexible, accessible etc.. The skill of Analysis . The value of
Appreciation and Respect for the Law
LEARNING OUTCOMES: P.S.B.A.T:
 Explain Legal system
 Discuss elements of a goal legal system
PREREQUISITE KNOWLEDGE: Learners have ideas about the topic being taught.
LESSON INTRODUCTION: Brainstorming questions about the topic being taught will be used to
introduce the topic and to revise through the previous lesson
LESSON DEVELOPMENT
CONTENT TEACHER’S ACTIVITY PUPIL’S METHODS
ACTIVITY
Zambia’s Legal System The teacher to define Law Learners listen Teacher Exposition
Attentively
-Law is a set of rules which a society
develops for itself to control the behaviors of
its members to one another.
-It includes the meeting out of punishment to
members of society that do not abide by the
rules and awarding of compensation to
people who have been wronged.
-For a rule to be recognized there should be
a way of compelling people to obey it, done
by imposing penalties or punishment to law
breakers and rewards to the wronged
persons.
The teacher ask pupils to Pupils participate by Question and
LEGAL SYSTEM
define legal system trying to define answer
-It is a system for interpreting and enforcing legal system
the laws.
-It also refers to a procedure or process for
interpreting and enforcing the law.
-Rules which make laws, the institutions that
administer the laws, the principles, ideas,
theories, practices, procedures, and
techniques that develop over the years in Teacher consolidates Learners listen Teacher Exposition
dealing with law make up a legal system learner’ responses attentively
There are as many legal systems as there are
societies. For example: Zambian legal
system, the Zimbabwean legal system, the
South African legal system and the English

Page 1 of 21
legal system which is also known as the
common law system
Elements of a good legal system
- A good legal system is one that serves
members of its society fairly and justly
without violating their rights. There are six The teacher initiate class Class discuss on the GROUP/CLASS
core elements that should be present in a discussion on the Elements Elements of a good DISCUSSION
good legal system. A good legal system has of a good legal system legal system
to be:
1.Simple.
- A law has to be written in a language that
can be understood by a larger section of
society. The form of language and the level
of difficulty should suit the needs of the
majority of citizens.
2. Comprehensive
-It should not leave gaps but attempt to cover
all possible areas of dispute, concern or
debate.
-It should anticipate future problems and
include them in the laws. It should not be
constantly formulating new laws as wrongful
acts take place
3. Certain
- Citizens ought to know clearly what is
prohibited by law. A law should not be so
ambiguous that it is only fully understood
and interpreted by a small number of people
in society.
-It should therefore be documented so that it
is possible to refer to it and that it should be
clear to everyone who consults it.
4. Accessible
-It should be readily available to members of
the public. This means that it should also be
affordable. If citizens come into conflict with
the law, they should be able to afford legal
representation. Similarly, a wronged person
should be able to readily access legal means
of having their problem dealt with. If the
legal system is not affordable, then it
excludes a large number of people.
5.Flexible
-Laws have to keep up with social change Teacher consolidates
and therefore, they should change with time. learner’ responses from he
If a type of dispute which was not there discussion
previously comes up, the law should change Learners listen
to take care of any new challenge. If it does attentively Teacher Exposition
not, then it is rejecting change. A good law
should not reject change.

Page 2 of 21
6.Moral Values
- The law should be based on the moral
values of society. If laws do not reflect
society‟s core values, citizens are unlikely to
respect and uphold it.

Lesson conclusion: Tr to conclude lesson by revising through the lesson with leaners to help
remedial learners
HOMEWORK/CLASS EXERCISE
1.What is law
2. Define legal system.
3.Outline elements of a good legal system
Learners evaluation
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Teachers evaluation
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Page 3 of 21
DEPARTMENT OF SOCIAL SCIENCES
LESSON PLAN
NAME OF TEACHER: ……………………… DATE:
SUBJECT: Civic education DURATION:80 MINUTES
TOPIC: Introduction of Zambia’s Legal system CLASS:
SUBTOPIC: NO OF BOYS…
GIRLS…
REFERENCES: long man civic education book 11 long man and other sources
TEACHING LEARNING /AIDS: learners book, chalk board and chart
RATIONALE: This lesson is on Zambia’s Legal system. Teacher Exposition, Question and answer and
group or class discussion methods will be used . This lesson will develop learners knowledge’s about
English Law, Legislation such as Constitution and statutory instruments, customary law, case law and
international treaties The skill of Interpretation .The value of Respect for the Law
LEARNING OUTCOMES: P.S.B.A.T:
 Describe sources of Law in Zambia
PREREQUISITE KNOWLEDGE: Learners have ideas about the topic being taught.
LESSON INTRODUCTION: Brainstorming questions about the topic being taught will be used to
introduce the topic and to revise through the previous lesson
LESSON DEVELOPMENT
CONTENT TEACHER’S PUPIL’S METHODS
ACTIVITY ACTIVITY
Teacher explains Learners listen Teacher
SOURCES OF LAWS IN ZAMBIA the Sources of law and ask questions exposition/
-Sources of law are the starting point to refer to in And allows learners Question and
order to find what the law says when one is faced with to ask questions Answer
a legal problem. -Zambia has a dual legal system and
relies on the English Law and African Customary Law.

English Law Sources


-Common Law is one of the English Laws that Zambia
has adopted. Common Law is the law that started from
customs that were common to all parts of England.
-When King William the Conqueror united England in
1066 AD, he sent his judges to go round the country to
hear cases and to codify them by putting them into a
system of rules and principles. From that exercise,
some common rules of law were identified and came to
be known as English Common Law. England later
applied this law to its colonies such as Zambia.
Therefore, the English Common Law is one of the
sources of the Zambian Law.
- Codify-In legal language this means to write
something in form of a document.

Legislation
-Legislation or statutes is the largest source of law in
Zambia.
-These are laws enacted by parliament. All powers to
make laws are vested in parliament.

Page 4 of 21
The Constitution
The Constitution is the supreme law of the land. Article
1 Paragraph 3 of the 1996 amended Zambian
Constitution states out its supremacy. It states. ‘This
Constitution is the supreme law of Zambia and if any
other law is inconsistency of this law, that other law
will be declared void’ This means that if any law does
not conform with the constitution, then that law
becomes void, which means invalid.

Three types of laws made by parliament

1.ACTS OF PARLIAMENT The teacher initiate Class discuss GROUP/CLASS


These are laws made through bills of parliament and class discussion the types of laws DISCUSSION
types of laws made made by
asserted to by the president.
by parliament parliament
-The process starts with the presentation of the bill
which passes through different stages. The president
can either assent or veto. If not assent, the bill is taken
to national assembly for further debate and be sent
back to the president in its original form.
-President has 21 days in which to either assent or
dissolve parliament to pave way for fresh elections.

2.DELEGATED OR SUBSIDIARY LEGISLATION


-Delegated or subsidiary legislation are laws delegated
to the executive wing of the Government to make laws
as provided in an act of parliament.
-Government has allowed ministries to make laws
known as statutory instruments

CASE LAW
-It is the second largest source of law in Zambia, also
known as Law Reports or judicial precedent.
-This is done when disposing off a case, the court
refers to how a similar case was decided upon by a
superior courts.
-The three courts handle appeal cases hence they are
known as Appellant courts. Decisions of appellant
courts are reported in the Zambian law Reports.
-These reported cases are the ones a court disposes of
under the principle of Res Judicata meaning to resolve
a case so as the parties involved do not have to go to
court to seek further resolution.

IMPORTANCE
-Save time as there is no need for a whole new
research.
-Shaw respect to judges who made the previous
decisions

Page 5 of 21
-Ensure equality, Uniformity and stability in the law

INTERNATIONAL TREATIES
-These are international agreements or conventions
that Zambia has signed. Contents of these treaties are
Learners listen Teacher
also sources of law in Zambia. Teacher attentively Exposition
-However, these treaties do not automatically become consolidates
law unless an act of parliament domesticates them. Learner ’responses

CUSTOMARY LAW
-These are laws derived from customs, a practice of
doing things in society.
-They are different from statutory instruments because
they are not written and codified for it to be recognized
and enforced by courts of law.
-Customary law uses advisor who are called assessors
to give advice on particular matters. These are not
Justices but play the role of consultants
Lesson conclusion: Tr to conclude lesson by revising through the lesson with leaners to help
remedial learners
HOMEWORK/CLASS EXERCISE
1. Mention five (5) sources of law in Zambia
2. State the importance of case laws
3. State three sources of laws in Zambia
Learners evaluation
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Teachers evaluation
………………………………………………………………………………………………………………
………………………………………………………………………………………………………………
………………………………………………………………………………………………………………
………………………………………………………………………………………………………………
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Page 6 of 21
DEPARTMENT OF SOCIAL SCIENCES
LESSON PLAN
NAME OF TEACHER: ……………………… DATE:
SUBJECT: Civic education DURATION:80 MINUTES
TOPIC: Introduction of Zambia’s Legal system CLASS:
SUBTOPIC: NO OF BOYS…
GIRLS…
REFERENCES: long man civic education book 11 long man and other sources
TEACHING LEARNING /AIDS: learners book, chalk board and chart
RATIONALE: This lesson is on Zambia’s Legal system. Teacher Exposition, Question and answer and
group or class discussion methods will be used . This lesson will develop learners knowledge’s about A
set of rules which a society develops for itself to control the behaviours of its members towards one
another and Simple, comprehensive, certain flexible, accessible etc.. The skill of Analysis . The value of
Appreciation and Respect for the Law
LEARNING OUTCOMES: P.S.B.A.T:
 Describe sources of Law in Zambia
PREREQUISITE KNOWLEDGE: Learners have ideas about the topic being taught.
LESSON INTRODUCTION: Brainstorming questions about the topic being taught will be used to
introduce the topic and to revise through the previous lesson
LESSON DEVELOPMENT
CONTENT TEACHER’S ACTIVITY PUPIL’S METHODS
ACTIVITY
criminal and civil cases Teacher explains the types Learners listen and Teacher exposition/
- A case is a matter being examined or of cases and allows learners ask questions Question and
judged in a court of law. to ask questions Answer
- A crime is any wrongful act or omission in
society, which the particular society thinks
affects the interest of all members.
Civil Case
A civil case
-is a wrongful act that affects only the
individuals or parties involved. It is any case
that does not have a criminal element. For
example, failing to settle a debt has no
criminal element in it but the person who
owes money can be sued in a civil case and
the courts will compel him or her to repay
the debt. Civil law is sub-divided into several
sections. For example, Family Law,
Employment Law, Law of Contract, Law of
Tort, Land Law, Administrative Law and
many more.
CRIMINAL CASE.
-This is a court case in which the accused is
tried for committing a crime against the
government or state. It deals with a crime.
-A crime is any wrongful act or omission in
society, which the particular society thinks
affects the interest of all its members.

Page 7 of 21
Elements of a Crime
Every crime has two elements: Teacher asks learners Learners attempt
(a)The wrongful act or omission. to state the Elements of a to state the Question and
Crime Elements of a Crime answer
-This creates offences such as rape, murder,
burglary, or defilement, which has an
element of physical act taking place.
-In a theft, there is the taking away of
something and keeping it. In a murder’ there
is the action of killing. This element in Latin
is known as Actus Reus, meaning a physical
act. Teacher consolidates Learners listen Teacher Exposition
learner’ responses Attentively
(b)The intention or desire to cause harm.
-The intention or desire to cause harm, loss
or injury is known as the Guilty state or
blameworthy state of mind on the part of the
offender.
-The Latin phrase for this is Men’s Rea
which means a guilty mind or Malice
aforethought.

CLASSIFICATION OF CRIMES
-Misdemeanors. These are petty crimes such
as common assault, indecent exposure, pick
pocketing or littering.
-Felonies. These are serious crimes such as
The teacher initiate class Class discuss on the GROUP/CLASS
murder, treason, aggravated robbery, discussion on the classification of DISCUSSION
defilement or rape. These are also known as classification of crime crime
common law crimes
-Statutory crime. These are crimes that are
committed contrary to what is contained in
statutory instruments such as Voting twice in
an election, rigging an election or failing to
pay tax.
Balance of probability
-This means that when two parties talk about
the same thing (incident) but are saying
different things, then one of them is not
telling the truth.
-Balance of probability determines who is
telling the truth.

LEGAL INSTITUTIONS AND THEIR


FUNCTIONS
LEGISLATURE. Teacher consolidates
-This is one of the organs of the government learner’ responses from the
that is charged with making of laws for the discussion and about legal
institution and their
nation. It is the highest law making body.
function
-Laws are made through members of

Page 8 of 21
parliament who represent the people in
constituencies.
-All the statutes, rule and regulations which
are enforced by courts, police and the
Learners listen
executive are made by the legislature
attentively
THE ZAMBIA POLICE SERVICE
-This is the most important institution of the
Zambian legal system. The police have the
task of maintaining law and order to
preserve life, protect property and maintain Teacher Exposition
public peace.
-They arrest law breakers and prosecute
them and work closely with the courts of law.

THE EXECUTIVE
-This is the legal institution that is charged
with the responsibility of enforcement of
laws.
-It is a legal institution because the president
heads it and has powers to make laws by
virtue of his prerogative powers. Prerogative
powers are special powers and privileges
given to the president.
-This organ makes laws through cabinet
ministers who are members of the executive
through statutory instruments or delegated
subsidiary legislative powers.

Lesson conclusion: Tr to conclude lesson by revising through the lesson with leaners to help
remedial learners
HOMEWORK/CLASS EXERCISE
1. State some of the legal institution in Zambia and their function
2. Explain the two elements of every crime?
3. What are the two classification of a crime?
Learners evaluation:
………………………………………………………………………………………………………………
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………………………………………………………………………………………………………………
Teachers evaluation………………………………………………………..…………………………….
………………………………………………………………………………………………………………
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Page 9 of 21
DEPARTMENT OF SOCIAL SCIENCES
ESSON PLAN
NAME OF TEACHER: ……………………… DATE:
SUBJECT: Civic education DURATION:80 MINUTES
TOPIC: Introduction of Zambia’s Legal system CLASS:
SUBTOPIC: NO OF BOYS…
GIRLS…
REFERENCES: long man civic education book 11 long man and other sources
TEACHING LEARNING /AIDS: learners book, chalk board and chart
RATIONALE: This lesson is one on Introduction of Zambia’s Legal system. Teacher Exposition,
Question and answer and group or class discussion methods will be used . This lesson will develop
learners knowledge’s about Legal and moral aspects of citizenship, natural and naturalized citizenship.
The skill of Identification. The value of Patriotism and Responsibility
LEARNING OUTCOMES: P.S.B.A.T:
 Describe sources of Law in Zambia
PREREQUISITE KNOWLEDGE: Learners have ideas about the topic being taught.
LESSON INTRODUCTION: Brainstorming questions about the topic being taught will be used to
introduce the topic and to revise through the previous lesson
LESSON DEVELOPMENT
CONTENT TEACHER’S ACTIVITY PUPIL’S METHODS
ACTIVITY

THE COURT SYSTEM. The teacher initiate class


-Courts deal with all areas to do with the law discussion on the types of
in the country and form the Judiciary. courts found in Zambia
-The Judiciary works with other legal
institutions such as the police, Prison, office
of the Director of public prosecutions and
the Legal profession.
TYPES OF COURTS IN ZAMBIA

LOCAL COURTS
They are established by an act of parliament,
the local Act cap 29 of the laws of Zambia. Class discuss on
-There are two types of local courts, Grade A types of courts
and Grade B. Grading is done by the found in Zambia
minister of Justice and are presided over by
the presiding.
-Local courts only hear civil cases that occur
in their geographical areas especially those
to do with African customary law.

THE MAGISTRATEOR SUBORDINATE


COURTS. GROUP/CLASS
-They are found everywhere in Zambia and DISCUSSION
where established under the subordinate
courts Act cap 23 of the laws of Zambia.
Class of subordinate courts (order of
seniority.)
Class III, Class II andClass I.

Page 10 of 21
-Class I magistrates are further divided into
Resident, principle and Senior Magistrates.
The principle magistrate is more senior of
all.
-The prosecution and the defense are
supposed to follow strict rules of procedure
in this court.
THE HIGH COURT.
-They are found in all provincial capitals of
Zambia and have original unlimited powers
(Jurisdictions).
-They can hear any case such as divorce,
election petitions, Human rights application,
treason trials or proceeding of the Habeas
corpus.
-This court is also known as the court of
First Instance or appellate courts because
they hear appeal cases from the subordinate
courts.
-These are courts which are usually presided
by pusine judges(junior judges) who are
appointed by the president after
recommendation by the Judicial Service
Commission.
-Once appointed, they can only be removed
by fellow Judges who set up a three man
tribunal.
-This is usually on grounds of gross
indiscipline, mental disorder or Physical ill
health or failure to perform function. In this
court it is advisable to be represented by a
lawyer.
-There is need to have a lawyer who is
provided by the government in case where
one cannot afford to hire one. This is known
as Legal Aid.
THE INDUSTRIAL RELATIONS
COURTS.
-This is the court that handles only industrial
matters which deal with employee and
employer relations.
-It is guided by employment Act cap 268 of
the laws of Zambia and is on the same level
with the High court and appeals from it go to
the Supreme Court.
-Lawyers are allowed to represent their
clients

Page 11 of 21
THE SUPREME COURT.
-It is the highest court of appeal in Zambia Teacher consolidates Learners listen
established by the Supreme Court Act and Learner ’responses from the Attentively Teacher Exposition
Republican Constitution. discussion
-It is headed by chief Justice who is assisted
by other nine judges. It is not a trial court,
unless the case is a presidential election
petition.
-It hears appeals on questions of law other
than questions of facts. It sits mainly in
Lusaka but holds sessions in Kitwe, Ndola,
and Kabwe.
-For convenience, it meets in Kabwe to hear
appeals of condemned prisoners who are at
Mukobeko Maximum prison. Teacher exposition/
Teacher explains about the Learners listen and Question and
legal profession and allows ask questions Answer
THE LEGAL PROFFESSION. learners to ask questions
-This is a body of legal practitioners
commonly called lawyers who receive
training from the University of Zambia or
other Universities outside the country.
-Lawyers can only be allowed to practice
when they have been admitted to the Bar
after passing the examinations.
Examinations are set by Zambia Institute of
Advanced Legal Education
-Britain, the legal profession is divided into
two branches: Barristers who appear in
higher courts and solicitors who practice in
lower courts.
-In Zambia, the two branches are fused into
one and lawyers are called Advocates

Lesson conclusion: Tr to conclude lesson by revising through the lesson with leaners to help
remedial learners
HOMEWORK/CLASS EXERCISE
1. Write down the four levels of courts in Zambia
2. Compare civil and criminal case.
Learners evaluation

Teachers evaluation

Page 12 of 21
DEPARTMENT OF SOCIAL SCIENCES
LESSON PLAN
NAME OF TEACHER: ……………………… DATE:
SUBJECT: Civic education DURATION:80 MINUTES
TOPIC: Introduction of Zambia’s Legal system CLASS:
SUBTOPIC: NO OF BOYS…
GIRLS…
REFERENCES: long man civic education book 11 long man and other sources
TEACHING LEARNING /AIDS: learners book, chalk board and chart
RATIONALE: This lesson is on Zambia’s Legal system. Teacher Exposition, Question and answer and
group or class discussion methods will be used. This lesson will develop learners knowledge’s about
institutions that promote justice such as Ministry of Justice, Courts of Law, Legal Resource Foundation,
Law Association of Zambia, Women in Law in Southern Africa, etc.
LEARNING OUTCOMES: P.S.B.A.T:
 State Legal institutions and organisations that promote justice
PREREQUISITE KNOWLEDGE: Learners have ideas about the topic being taught.
LESSON INTRODUCTION: Brainstorming questions about the topic being taught will be used to
introduce the topic and to revise through the previous lesson
LESSON DEVELOPMENT
CONTENT TEACHER’S ACTIVITY PUPIL’S METHODS
ACTIVITY
ORGANISATIONS THAT PROMOTE
JUSTICE

LEGAL RESOURCES FOUNDATION.


-It was established in 1991 and became
operational in 1993.
- It is a non -profit making organization that
works to promote Human rights through
providing legal Advice and Litigation. The teacher initiate class
discussion on the
It offers the following services: organization that promote
-Free legal advice representation to those justice
that consult them
-Legal assistance to those that are referred
to them.
-Legal advice to all who seek it

NATIONAL LEGAL AID CLINIC FOR


WOMEN.
-It was formed as a project under the
women’s committee of the Law association
of Zambia.
-It was established in 1990 to provide
affordable Legal Aid to women and children
from marginalized social sector It also offers Class discuss on the
counseling and legal education. organization that
promote justice
WOMEN IN LAW IN SOUTHERN
AFRICA. (WILSA)

Page 13 of 21
-It was established in 1989 to improve the
legal position of women in southern African
Countries.
-The organization also provides legal advice
and litigation to vulnerable people in society
especially in Women.

CITIZENS ADVICE BUREAU (CAB) –


LAW ASSOCIATION OF ZAMBIA.
-It is a branch of the Law association of
Zambia and it offers free advice and
litigation on a Pro bono basis
-Pro bono is free advice that every lawyer
who is a member of Law Association Zambia
is obliged to offer as part of the legal
professional’s service to the community.

LEGAL AID CLINIC, SCHOOL OF LAW


UNIVERSITY OF ZAMBIA.
-The School of Law of the University of
Zambia has its own Legal Aid Clinic which
offers legal advice. GROUP/CLASS
- Fourth year law students, offers legal DISCUSSION
advice. Sessions are held in the afternoon
when the University is in session.

YOUNG WOMEN CHRISTIAN


ASSOCIATION (YWCA).
-It is non- profit making Christian
organization dedicated to empowerment of
women by making them knows their rights,
duties and responsibilities in society.
- It offers free legal advice on issues to do
with inheritance, property grabbing,
maintenance, physical violence, mental
abuse, Sexual abuse, child abuse and other
legal matters.
ZAMBIA CIVIC EDUCATION
ASSOCIATION (ZCEA)
-It is a non- profit making organization that
was established in 1993.
- It promotes and protects children’s rights
through civic education and offers free legal
advice to vulnerable groups in society.

CARITAS ZAMBIA
-It runs legal advice Desks under its Justice
Programs.
- It is found in all Catholic Dioceses within
the country and offers legal advice to

Page 14 of 21
vulnerable people.

WOMEN IN LAW AND DEVELOPMENT Teacher consolidates Learners listen Teacher Exposition
IN AFRICA (WILDAF) Learner ’responses from the Attentively
discussion
-It is a pan African non- governmental
organization which tries to promote a
culture for the exercise of and respect for
women’s rights in African countries.
- It offers legal advice to vulnerable
members of Society.
Lesson conclusion: Tr to conclude lesson by revising through the lesson with leaners to help
remedial learners
HOMEWORK/CLASS EXERCISE
1.Describe some organizations that promote justice.
Learners evaluation

Teachers evaluation

Page 15 of 21
DEPARTMENT OF SOCIAL SCIENCES
LESSON PLAN
NAME OF TEACHER: ……………………… DATE:
SUBJECT: Civic education DURATION:80 MINUTES
TOPIC: Introduction of Zambia’s Legal system CLASS:11
SUBTOPIC: NO OF BOYS…
GIRLS…
REFERENCES: long man civic education book 10 long man pg 47-65 and other sources
TEACHING LEARNING /AIDS: learners book, chalk board and chart
RATIONALE: This lesson is on Zambia’s Legal system. Teacher Exposition, Question and answer and
group or class discussion methods will be used . This lesson will develop learners knowledge’s Pre-trial,
Trial and Post-trial stages in the Zambian legal system
LEARNING OUTCOMES: P.S.B.A.T:
 Describe the trial processes in the Zambian Legal System
PREREQUISITE KNOWLEDGE: Learners have ideas about the topic being taught.
LESSON INTRODUCTION: Brainstorming questions about the topic being taught will be used to
introduce the topic and to revise through the previous lesson
LESSON DEVELOPMENT
CONTENT TEACHER’S ACTIVITY PUPIL’S METHODS
ACTIVITY
Rights of a Suspect in a Pre-trial procedure The teacher initiate class GROUP/CLASS
-A suspect is a person believed to have come discussion on the trial Class discuss on the DISCUSSION
in conflict with the law or is simply the processes in the Zambian trial processes in the
accused. Every Zambian citizens right to Legal System Zambian Legal
System
liberty is guaranteed in Article 13 of the
Constitution.
-There are derogations, meaning exceptions
to the right .One of them is that liberty may
be taken away from a person who is
reasonably suspected of having committed or
about to commit a criminal offence.
-In this case the persons liberty will be taken
away through the act of arrest.
-In order to make an arrest the Police officer
should touch or confine the body of the
person being arrested.
-If the person being arrested resists the Teacher Exposition
Police are allowed by law to use reasonable Learners listen
force necessary to effect an arrest. Attentively
Detention for Questioning:
-Police have no power to detain a person for
questioning unless he/she is arrested for
criminal offence and informed of the reasons
for the detention.
-A person detained for can compel Police to
realise him/her or formally arrest him/her.
-If the relatives of the detainee know where
he/she is, they could secure his/her freedom
through habeas corpus.
- It is illegal for Police to detain relatives of

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suspects as hostages in order to compel
suspects to turn themselves in.
Compensation for False Imprisonment
-A person who is unlawfully arrested or
detained can sue for compensation for false
imprisonment through the courts of law.
- If the police falsely imprisoned a person,
that person can sue the state through the
Attorney General, who is the government‟s
legal representative.
Interrogation
-Though the Police are allowed to question
persons who may be suspected of having
committed the offence, such persons are
under no obligation to answer.
-The police have no powers to use force to
draw out statements from suspects.
-Article 15 of the 1996 Amended Zambian
Constitution states that, “A person shall not
be subjected to torture or to inhuman or
degrading punishment or other like
treatment.” This is the only right that has no
derogation.
-This simply implies that torture of suspects
is not allowed under any circumstances. A
tortured suspect can sue the state for
compensation.
Judges’ rule
-The rule that requires the Police to inform
the accused of her/his right to remain silent
if he/she wishes and if he/she wishes and that
if he/she said anything , the statement may be
used as evidence against him/her during Teacher consolidates
trial. learner’ responses Learners listen Teacher Exposition
-The Judges‟ rule also provides that the attentively
accused to be allowed to consult lawyers or
other legal practitioners even when placed
under custody.

Law of Bail
-A person arrested, detained or appearing
before the court may, while in custody, or at
any stage of the proceedings, apply for bail.
-Bail is the sum of money an accused person
pays as security that he/she will appear
before the court until the case is disposed of.
-Bail may be secured by providing sureties,
who are persons that go before the court to
swear that they will make sure the accused
person does not run away and that will

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appear in court whenever he/she is required Teacher explains the law of Learners listen and
to do so. bail and allows learners to ask questions Teacher exposition/
-Sometimes if the accused is a respectable ask questions Question and
member of society does not have to provide Answer
sureties and can hence be granted bail in
his/her cognisance. This means that being
aware or having conscious knowledge.
-In case of being granted bail in one‟s own
Cognisance, the accused is fully aware of the
consequences of absconding from court.
- In Zambian law, bail is not granted in
criminal cases such as treason, aggravated
robbery or murder
Lesson conclusion: Tr to conclude lesson by revising through the lesson with leaners to help
remedial learners
HOMEWORK/CLASS EXERCISE
1. Describe the trial processes in the Zambian Legal System
Learners evaluation
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………………………………………………………………………………………………………………
Teachers evaluation
………………………………………………………………………………………………………………
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DEPARTMENT OF SOCIAL SCIENCES
LESSON PLAN
NAME OF TEACHER: ……………………… DATE:
SUBJECT: Civic education DURATION:80 MINUTES
TOPIC: Introduction of Zambia’s Legal system CLASS:
SUBTOPIC: NO OF BOYS…
GIRLS…
REFERENCES: long man civic education book 10 long man pg 47-65 and other sources
TEACHING LEARNING /AIDS: learners book, chalk board and chart
RATIONALE: This lesson is on Zambia’s Legal system. Teacher Exposition, Question and answer and
group or class discussion methods will be used . This lesson will develop learners knowledge’s about Pre-
trial ,Trial and Post-trial stages
LEARNING OUTCOMES: P.S.B.A.T:
 Describe the trial processes in the Zambian Legal System
PREREQUISITE KNOWLEDGE: Learners have ideas about the topic being taught.
LESSON INTRODUCTION: Brainstorming questions about the topic being taught will be used to
introduce the topic and to revise through the previous lesson
LESSON DEVELOPMENT
CONTENT TEACHER’S ACTIVITY PUPIL’S METHODS
ACTIVITY
Rights of a Suspect at the Trial Stage The teacher initiate class GROUP/CLASS
Apart from other rights of an accused person discussion Rights of a Class discuss on the DISCUSSION
during trial, there are three basic principles Suspect at the Trial Stage Rights of a Suspect
of criminal procedure: at the Trial Stage
-The defendant (suspect) is presumed
innocent until proven guilty by the court of
law.
-The Burden of Proof is the duty that lies on
prosecution to prove the criminal allegation
labelled against the accused. The burden of
proof is based on the rule of he who alleges
must prove. The accused does not have to
say anything in his or her defence.
-The Standard of Proof is the weight of
evidence the prosecution must produce in
order to establish the alleged crime. The
Standard of Proof should be beyond
reasonable doubt.
Other rights are:
i. Fair Trial and an Impartial Judge
The Zambian Constitution provides that any
person charged with a criminal offence shall
be afforded a fair hearing within a
reasonable time by an impartial and
independent court established by law
- The principle of natural justice states that
no one should be a judge in his/her own case
and that and that both sides of the case
should be heard.
-Where a judge feels he/she has interest in

Page 19 of 21
case should excuse him or herself from
handling it
Right to a speedy and Public
-The justice system operates on the principle
that justice delayed is justice denied, which
means that not getting a speedy trial is
tantamount (as good as) to not getting justice
at all.
- Delays in trials undermine the rule of law
as people lose confidence in the justice
system by so doing people resort to resolving
cases through unlawful means such as
instant justice and vendettas.
iii. Right to Silence
-The Burden of Proof lies solely on the
prosecution the accused therefore has the
right to remain silent.
-The accused may therefore choose to be
silent by not taking the stand in the witness
box and giving an oath.
-The accused may choose to give an unsworn
statement from the dock.
-The dock is the sitting place for the accused
person (s) in a criminal court procedure.
- The right to silence protects the accused
against incriminating oneself also extends to
not answering questions from the Police
Protection Against Double Jeopardy
-This means that an accused person cannot
be tried again for an offence of which he or
she has been acquitted.
- If a person has been acquitted of murder
s/he cannot be tried on a lesser charge of
manslaughter.
-If the prosecution decides to try the person
for murder and gets acquitted, the
prosecution cannot later institute a lesser
crime of manslaughter just to secure a
conviction unless in a nolle prosequi.
Protection Against Ex Post Facto Law
-This means that if a person commits a
wrongful act which at the time does not
constitute a crime, he or she cannot be tried
at a later stage when that wrongful act
becomes a crime.
-This means that a law creating a criminal of
Right to Examine and Cross-Examine
Witnesses
-The defendant has the right to question the
witnesses presented by the prosecution and

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examine his or her own witnessesfence
cannot be backdated
- The method of examination used in the
Zambian courts is the question and answer
method that tries to elicit orderly and
consistent stories, thereby avoiding the
witness saying things that are not allowed as
evidence in a court of law.
The Right to an Attorney
- Both the civil and criminal trials in the
Zambian courts are based on an adversary
procedure.
-This is a system where the prosecution and
the defence treat each other as opponents but
not enemies.
-If one is too poor to afford a lawyer, the
state should provide one through the Legal
Aid Department of the Ministry of Justice.
- The Legal Aid Department is mandated to
provide legal services to all persons accused
of offences that are supposed to be tried in
the appellant courts
Right to Defend Oneself
- Article 18 Paragraph 2 Section C of the
Zambian Constitution requires that the
accused be given enough time to provide for
his or her defence.
Teacher consolidates
- In Zambia, this rarely happens as the Learner ’responses
accused are usually in custody and are not Learners listen
given chance to collect evidence and as a attentively
result the defence merely reacts to the
prosecution‟s witnesses. Teacher Exposition
-There is little independent questioning of
the witnesses, visits to the scene of the crime,
alibi, which is proof that the person accused
of a crime was in another place from where
the crime took place and that the person
could not have committed the crime
Lesson conclusion: Tr to conclude lesson by revising through the lesson with leaners to help
remedial learners
HOMEWORK/CLASS EXERCISE
1.state the rights of a Suspect at the Trial Stage
Learners evaluation:
………………………………………………………………………………………………………
Teachers evaluation……………………………………………………………………………….

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