By Mundi Pumulo
THE S. AFRICAN USELESS JUDGEMENT WITH NO LEGAL EFFECT. To be ignored.
We have lawyers but majority are readers without reasoning.
Here is the correct position which Makebi Zulu colleague must know about the S. African court judgment..
Firstly it is useless and irrelevant judgement because it only applies in that jurisdiction not in Zambia.
Zambia is a sovereign state with it’s established structures the Executive, Judiciary and the Legislature capable of handling issues falling within it’s jurisdiction.
HOW USELESS IS THE S.African JUDGMENT??
A foreign court order doesn’t automatically work in another country. It only has effect if the second country recognizes or enforces it through its own laws.
How it works – general principle of international law provides that Courts are territorial. A South African court can rule on things/people/assets under S. African territory or jurisdiction. A Zambian court does the same for Zambia.
Therefore, for a S. African order to bind the Zambian govt, Zambia would need to treat it like a local judgment. That usually requires a separate process: registration, reciprocity, or a new Zambian court case.
Therefore, foreign court orders can have effect if:
1. Reciprocity treaties exist – e.g. under the Reciprocal Enforcement of Judgments Act between some countries. Or the Zamtrop UK order. It the issue is about assets/people in that country – S.African court can control a body in S. Africa, but not govt actions in Lusaka.
3. The local court agrees to enforce – Zambian courts would have to hear the case again and decide if the SA ruling fits Zambian law/public policy.
So in the ECL case, the S. African court controlled what happened in SA. Zambia controls what happened in Zambia. That clash is exactly why jurisdiction became part of the fight at international law.
It’s uselessness
The S.Afriacn orders does not directly stop the Zambian govt from acting however way it wants here in Zambia. Zambia is sovereign.
The Zambian govt argued it had constitutional duty over state funerals for former presidents. So Zambia’s courts + govt made their own decisions.
This how useless this much celebrated irrelevant court order is is here in Zambia. Zambia is not short of laws to govern it’s affairs for someome to think S. Africa orders or laws overrides ours.
Please explain, will the Zambian Government pay the costs as ordered by the South African court ?
