Prince Wakilaba is a South African national and a business associate of James Daka, a Zambian...

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Prince Wakilaba is a South African national and a business associate of James Daka, a Zambian national resident in Zimbabwe but runs various businesses in Zambia. James Daka has been known to have radical views against the government of the Republic of Zambia. On 9^th

June, 2020, James Daka and Prince Wakilaba held a meeting in Malawi at the residence of another business associate of theirs known as Joseph Chimoto a Malawian national. In that meeting, it was discussed and resolved that in order to have their businesses succeed in Zambia there was need to overthrow the government of the day and replace it with a military government to be headed by Captain Justin Mwewa of the Zambia Army who happens to be James Daka’s former classmate at Kabulonga Boys Secondary School back in the 1970’s. Captain Mwewa did not physically attend the meeting in Malawi but was part of the meeting via video link in his office at Chimutengo Barracks in Zambia and he agreed to lead the military coup against the government of Zambia. Unknown to Captain Mwewa, his office and computer had surveillance equipment and his conversation with Chimoto, Daka and Wakilaba was recorded and taken to the Zambia Police Service who have since arrested him and charged him with treason.

Prince Wakilaba is back in South Africa and James Daka has gone back to Zimbabwe. Treason is an offence in Zambia, South Africa, Zimbabwe and Malawi. In his defence, Captain Mwewa argues that the alleged coup plot happened in Malawi and there is no legal basis on which he can be prosecuted in Zambia. He vehemently states that the court in Zambia lacks jurisdiction to try the case. Lawyers representing Wakilaba and Chimoto further argue that Wakilaba and Chimoto are not Zambians therefore, there is no jurisdiction to be exercised by the Zambian court since the two are resident outside Zambia and the alleged crime was committed in Malawi but not against the government of Malawi or South Africa for that matter.

The National Prosecutions Authority in Zambia have engaged you, a graduate from the University of Lusaka having studied Public International Law to give an advisory opinion on the issue of jurisdiction involving these four perpetrators and the countries involved.

From an International Law perspective, kindly give an opinion on jurisdiction of the Zambian courts and whether the Malawian, Zimbabwean and South African Courts have jurisdiction to handle the alleged crime in issue.

Bidusha · Accepted Answer

Treason in South Africa		2
TREASON IN SOUTH AFRICA
Table of Contents
Opinion on the jurisdiction of South Africa	3
The High Court Of South Africa	3
Treason law by country	4
Treason law application by country	5
References	8
Opinion on the jurisdiction of South Africa
Regional and district courts are the two kinds of magistrates' courts. District Courts think about less serious lawbreaker cases, for example, those including offenses other than assault, murder, or treason, as well as common procedures with claims under R200,000. Low-esteem common cases are heard by regional magistrates' courts. They could likewise hear declaration in circumstances of homicide, assault, or brutal attack. Magistrates Courts additionally hear common matters utilizing the National Credit Act and removals from both metropolitan and rustic property. Magistrates Court can likewise act as the Children's Court to hear matters including children, the Family Court to deal with cases in regards to kid support, homegrown maltreatment, kid care, and parental rights, as well as separations, which are frequently clear. Also, they could act as the Equality Court to hear occurrences including bias, provocation, or scorn.
District Magistrates' Court has the position to impose punishments of up to R120,000 and sentence of as long as three years in prison. The Regional Magistrate's Court has the position to exact fines of up to R600,000 and to incur prison terms of as long as 15 years or potentially life. Decisions from the Magistrates' Court might be pursued or dependent upon procedural audit in the High Court (Leburu, 2022). Certain decisions naturally go under claim in the High Court, especially those including significant offenses or removals from lands. In Zimbabwe, the High Court has total criminal jurisdiction over each person and criminal case. This infers that it can preliminary all crimes carried out across Zimbabwe from any place it is situated and can rebuff anybody viewed as guilty of them as per the law.
The High Court Of South Africa
A higher court of justice having divisions in every one of the country's nine regions is the High Court of South Africa. The vitally High Court working for every territory is situated in a critical city, regularly the commonplace capital. A few territories, such the Eastern Cape, Gauteng, KwaZulu-Natal, and Mpumalanga, have numerous High Court structures, every one of which is situated in a critical city that fills in as the regional capital of the territory. All significant criminal matters, like assault, murder, or treason, as well as common cases with claims above R400 000 are heard by the High Courts. 
All struggles between individuals, organizations, and the government are heard by the high courts. They may likewise decipher laws endorsed by Parliament, analyse presidential branch actions, and announce them to be unlawful or illegal as per the Constitution.

Prince Wakilaba is a South African national and a business associate of James Daka, a Zambian national resident in Zimbabwe but runs various businesses in Zambia. James Daka has been known to have...

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