The admissibility of evidence obtained through human rights violations in Zambia: Revisiting Liswaniso v The People (1976) Zambia Law Reports 277
| Published date | 01 July 2019 |
| Date | 01 July 2019 |
| DOI | http://doi.org/10.1177/1365712719831716 |
| Subject Matter | Articles |
Article
The admissibility of evidence
obtained through human rights
violations in Zambia: Revisiting
Liswaniso vThe People (1976)
Zambia Law Reports 277
Jamil Ddamulira Mujuzi
University of the Western Cape, Cape Town, South Africa
Abstract
In the 1976 case of Liswaniso vThe People, the Zambian Supreme Court held that illegally
obtained evidence is admissible as long as it is relevant. Since then, unsuccessful attempts have
been made to convince the Supreme Court and the High Court to reconsider this position,
especially when the evidence in question has been obtained in violation of a right in the Bill of
Rights. Recent decisions from the Supreme Court show that the court is unlikely to change its
position on this issue. In this article, the author suggests ways in which the Supreme Court
could relax, without necessarily overruling, its rule in the Liswaniso when dealing with evidence
obtained through violating human rights.
Keywords
admissibility, human rights violation, illegally obtained evidence, Liswaniso v The People,
unconstitutionally obtained evidence, Zambia
Introduction
The 1976 Zambian Supreme Court decision of Liswaniso v The People
1
is the leading authority in that
country on the admissibility of evidence obtained illegally or through human rights violations. In that
case, the Supreme Court held that evidence obtained illega lly or in violation of the constitution is
admissible as long as it is relevant. For many years attempts have been made to convince the Supreme
Court to reconsider its decision and set new criteria that could be used to determine the admissibility of
evidence obtained through human rights violations. These attempts should be understood against the
Corresponding author:
Jamil Ddamulira Mujuzi, Faculty of Law, University of the Western Cape, Private Box X17, Bellville, Cape Town, 7535, South Africa.
E-mail: djmujuzi@gmail.com
1. Liswaniso vThe People (1976) Zambia Law Reports 277.
The International Journalof
Evidence & Proof
2019, Vol. 23(3) 316–329
ªThe Author(s) 2019
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DOI: 10.1177/1365712719831716
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