Browsing by Author "CHIRWA, Niza"

Now showing 1 - 1 of 1
  • Thumbnail Image
    Item
    A Critique of The Use of The Prerogative of Mercy in Zambia Vis a Vis The Independence of The Judiciary and The Fight Against Corruption
    (2023) CHIRWA, Niza
    This thesis is premised on the prerogative of mercy vis a vis the independence of the judiciary and the fight against corruption. The study focuses on the laws in Zambia which provides for the prerogative of mercy powers and how the use of this power has impacted on the independence of the judiciary and the fight against corruption. The purpose of this research was to ascertain how the exercise of the mercy power has impacted on the independence of the judiciary and the fight against corruption in Zambia. The methodology of this research is as follows; this research was a qualitative mode of research as data was collected from both primary and secondary sources which include, local and foreign legislation, textbooks, journal articles, internet sources and textbooks. The design of this research is blended between historical and narratives. The research is couched as a descriptive one as it shall describe how presidential clemency has impacted on the independence of the judiciary and the fight against corruption. The data collected was analyzed using narrative data analysis. The major findings of the research were that Zambia does not have laws that protect an abuse of the use of the prerogative of mercy powers. And as such, it has been very easy to misuse this power by successive presidents because of luck of laws to make the holder of power accountable. This has resulted in the eroding of judicial independence and the fight against corruption through the use of this power.