Flynote and Headnote
[1] Criminal procedure - Form of charge - Omission of exception or qualifications from charge.
Section 127C (b) (ii) of the Criminal Procedure Code makes it unnecessary to include in a charge under the Exchange Control Act and Regulations issued thereunder any words of exception. 40
[2] Criminal procedure - Form of charge - Omission of exception or qualifications from charge.
1969 ZR p133
GARDNER J
Omission of the phrase "without the permission of the minister" from a charge under the Exchange Control Act and the Regulations issued thereunder was not a miscarriage of justice as the regulation under which the appellant was charged was correctly set out, the appellant was represented by counsel, and no objection was raised to 5 such omission by such counsel at an early stage of the proceeding.
[3] Money - Exchange Control Regulations, 1965 - Regulation 9 construed - Meaning of the word "Payment".
The use of the word "payment" in Regulation 9 of the Exchange Control Regulations means a transfer of money not necessarily in 10 discharge of a debt or other obligation.
[4] Money - Exchange Control Regulations, 1965 - Regulation 9 construed - Meaning of the word "Outside".
A payment is completed when money is received by the addressee of an envelope consisting of money, and the placing of money in 15 an envelope in Zambia addressed to a place outside Zambia and the posting of such letter constitutes a preparation for a payment outside Zambia.
[5] Evidence - Burden of proof - Presumptions - Statutory reversal of the - burden of proof. 20
Section 4 (2) of the Exchange Control Act creates a presumption that any person charged with an offence under the Act involving the commission of an act without a permit committed such act without such permit; and there is, therefore, no onus on the prosecution to give any evidence that such act was done without such permit. 25
[6] Criminal procedure - Form of charge - Duplicity of charge - Prejudice.
Even though a count is bad for duplicity, it is not grounds for reversal where the appellant knew what the count related to and was in no way prejudiced by the wording of the charge and where there was no miscarriage of justice. 30
[7] Jurisprudence - American law - Effect of American decisions in Zambia.
Decisions by the courts of the United States of America are not binding on Zambian courts but may be considered by Zambian judges - especially when similar constitutional rights are in question. 35
[8] Jurisprudence - Reception of English law - English cases on admissibility of evidence.
The question of admissibility of evidence is one of law and practice and, in the absence of governing Zambian law, English authorities may be followed. 40
[9] Evidence - Admissibility - Reference to English cases.
See [8] above.
[10] Evidence - Illegally obtained evidence - Admissibility depends on fairness.
GARDNER J
Even if appellant's constitutional rights were infringed in obtaining evidence, such evidence should be admitted if it is not unfair to the accused or not obtained by unfair conduct.
