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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
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