Juris Ass

SCHOOL OF LAW
L403 – Jurisprudence and legal Theory Assignment
COVER SHEET
Student Number CHOOLWE J. HAMALAMBO
Mode of study (F/T, FULL-TIME

P/T, D)
Due Date 6th OF SEPTEMBER, 2022.
Date and Time

Submitted
Case Assignment No. 1 SEMMY LASCO KAVINGA vs THE PEOPLE APPEAL NO. 15/2018
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In the case of Semmy Lasco Kavinga v The People,1 the appellant, a religious apostle was
convicted of rape, attempted rape and several counts of indecent assault. This case brings
about several jurisprudential issues and they are as follows.
Firstly, whether or not the appellant was liable to the offense of rape? Secondly, whether or
not the appellant is liable for attempted rape? Thirdly, whether he is liable for two counts of
indecent assault?
Even though the penal code prescribes what kind of punishments which ought to be given to
the offender, in this case the judge used several schools of thought when arriving at a
sentence to give the appellant.
The first school of thought which was applied in this case is the Natural theory of law. This
theory entails that human being inherently possess intrinsic values that govern their reasoning
and behavior.2 The thinking is that there is a strong connection between law and morals. The
Philosopher Plato asserted that certain morals can be discovered by natural reasons such as
common sence. Natural law is annexed on the idea that man exists in nature and has his own
nature. Henceforth, in this case the appellant failed to reason correctly with in that his actions
are in direct contravention of natural law. Him being an apostle of the church, he is expected
to uphold a certain level of character and morality. An apostle is not expected to have
unwarranted sexual intercourse or indecently assault members of his congregation.
The second theory of law used is the positivist theory of law, which entails that law is law
regardless of whether or not it is just or unjust. In addition, its of the argument that there is no
connection between law and morality. In this case the law provides in the form of the Penal
Code Chapter XV on Offences Against Morality, it forbids rape, 3 attempted rape4 as well as
1 (2018) ZMCA 51
2 www.investopedia.com/terms/n/naturallawexplained accessed on 4th of September, 2022.
3 Section 132
4 Section 134
indecent assault5. The appellants actions being in direct contravention of the provisions of the
law and in light of the corroboration from the other witnesses and victims which was given
rendered him liable for imprisonment.
Another theory which was implemented is the realist Theory of law. According to this theory,
judges consider not only abstract rules but also social interests as well as public policy when
deciding cases, and according to justice Holmes who coined the bad man theory, the life of
law is logic as well as experience. Furthermore, judges are given the discretion to make there
own sence of what is right. In this case the judges used logic in arriving at the judgment in
that the appellant was the only person who knew about Winfridah leaving the door open for
an unknown person to enter and he had the opportunity to do so given that he knew all the
logistics of where everyone would be. Putting into perspective all the other testimonies of
similar fact evidence he was the prime suspect and only one with the opportunity to do so.
Last but not least, the Sociological theory of law was instrumental in influencing the judges
decisions. This theory advocates that the law and society are related to each other. This
theory is based on the idea of balancing conflicting interests. These interests are interests of
citizens and the state. In this case it was a matter of striking a balance between the interests
of the appellants and victims who are represented buy the state. The interests of the victims
which in this case are safety and maintenance of their sexual dignity and purity were violated
by the appellant, thus the judges have to make a decision which will be seen by society at
large as being just.
All in all it can be said that jurisprudence plays a major role when judges make decisions.
Substantive law has its part to play which is just as imperative as jurisprudence.
5 Section 137
BIBLIOGRAPHY
The Penal Code Chapter 87 of the Laws of Zambia.
Semmy Lasco Kavinga v The People (2018) ZMCA 51
www.investopedia.com/terms/n/naturallawexplained accessed on 4th of September, 2022.

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SCHOOL OF LAW

L403 – Jurisprudence and legal Theory Assignment

Mode of study (F/T, FULL-TIME

Due Date 6th OF SEPTEMBER, 2022.

Date and Time

SHADED SECTION FOR LECTURER’S USE ONLY

Mark Allocated out of

about several jurisprudential issues and they are as follows.

sentence to give the appellant.

unwarranted sexual intercourse or indecently assault members of his congregation.

rendered him liable for imprisonment.

large as being just.

The Penal Code Chapter 87 of the Laws of Zambia.

Semmy Lasco Kavinga v The People (2018) ZMCA 51

www.investopedia.com/terms/n/naturallawexplained accessed on 4th of September, 2022.

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