Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Mubita and Maiwase are a married couple living in Zambia. Mubita is a soldier in the Zambia army fighting against the enemies. Maiwase lives in

Mubita and Maiwase are a married couple living in Zambia. Mubita is a soldier in the Zambia army fighting against the enemies. Maiwase lives in Mukango barracks where Mubita is based, where she is having an affair with another soldier. In 2009, a failed assassination attempt is made on the Zambia's President's life. Mubita who was away fighting for the country, writes a letter to Maiwase, in which he states that he wished the assassination attempt had succeeded. A month later, Mubita returns to the barracks and discovers that Maiwase has been unfaithful to him. Maiwase takes the letter that Mubita wrote and gives it to the Police. Mubita is promptly brought before a court-martial and charged with sedition which, in Zambia, is a capital offence. He is found guilty and the presiding judge sentences Mubita to death. Mubita's death sentence is commuted and he is instead sent to fight for Zambia on the Eastern front against Malawi mercenaries. Mubita survives the war, returns to Zambia and initiates legal proceedings against his wife, arguing that her actions unlawfully deprived him of his liberty under the Zambia laws. Discuss how a natural and a legal positivist judge would view Mubita's argument

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Intellectual Property- The Law of Trademarks, Copyrights, Patents, and Trade Secrets

Authors: Deborah E. Bouchoux

3rd Edition

978-1111648572, 1111648573, 1428318364, 978-1428318366

More Books

Students also viewed these Law questions