This was a Divorce Appeal that found it's way onto the High Court Principal Registry list as an appeal from the Subordinate Court of Zambia .The Appellant was not happy with the compensation the Local Court had ordered him to pay his now former wife (Mary Goma Mumba) .

The Main issue that the High-Court had to decided was whether or not the Courts Below (Local Court and Subordinate Court of the First Court had Jurisdiction to adjudicate on a divorce as a result of a marriage contracted in accordance with the Marriage Act,Chapter 50 of the Laws of Zambia ?

This Landmark Judgement established that the High-Court of Zambia through the Matrimonial Causes Act No.27 Of 2007 is the only Court in Zambia that has authority to hear divorce matters concerning a marriage that was solemnised in accordance with the Marriage Act;Chapter 50 of the Laws of Zambia.

Further-more , kindly Note I stated Miyanda v The Attorney but the correct case is Miyanda v The High-Court of Zambia (1984) Z.R 62 .


Legsilation referred to in this Podcast : (1) Matrimonial Causes Act No.27 of 2007 .Sections 2;3and4 (1) . (2) Local Court Act Chapter 29 of the Laws of Zambia .Section 8(1) (3) Subordinate Court Act ,Chapter 28 of the Laws of Zambia . Section 20 (d)(ii)(iv)


Music from bensound.com

At the heart of this case was whether certain provisions of the Public Order Act Chapter 104 of the Laws of Zambia went against and therefore contravened Article 19 on protection of freedom of assocation and Article 21 on protection of freedom of assembly and association . In this episode we discuss the effects of what happens when an Act of Parliament does not mirror the Constitution of Zambia and what happens , We also discuss the importance of the Supreme Court of Zambia Judgement . I was joined by Bupe Musuku Kabinda who also aired his views on the case of Christine Mulundika and Seven others v The People (1995) Supreme Court of Zambia. Music from bensound.com