R v Tembe William (Criminal Review Case 1 of 1934) [1934] ZMHCNR 1 (31 December 1934)
The term 'Police Officer' in section 10(5) of the Native Registration Ordinance includes a Native Constable, as the ordinary meaning covers any member of the police force and there is no statutory definition to the contrary.
Source-derived case information.
- Citation
- [1934] ZMHCNR 1
- Parties
- Prosecution: R.; Accused: Tembe William
- Court
- High Court of Northern Rhodesia
- Jurisdiction
- Zambia
- Case Number
- Criminal Review Case 1 of 1934
- Procedural Posture
- Criminal Review / Review
- Outcome
- Interpretation affirmed
- Legal Topics
- Definition of Police Officer, Native Registration Ordinance, Identity Certificate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
R.
Prosecution
Tembe William
Accused
Procedural Posture
Criminal Review / Review
Legal Issues
- 1 Whether the term 'Police Officer' in section 10(5) of the Native Registration Ordinance includes a Native Constable in the Northern Rhodesia Regiment
Ratio Decidendi
The term 'Police Officer' in section 10(5) of the Native Registration Ordinance includes a Native Constable, as the ordinary meaning covers any member of the police force and there is no statutory definition to the contrary.
Court Disposition
Interpretation affirmed
Full Case Text
Judgment text and source record
1 paragraphs
[Vol. I R. v. TEMBE WILLIAM. A Criminal R eview Case of 1934. Native Registration Ordinance (Cap. 59) section 10 (5)—failure to product identity certificate to a police officer— meaning of the term “ Police Officer The term “ Police Officer ” in the Native Registration Ordinance (Cap. 59) section 10 (5) includes a Native Constable in the Northern Rhodesia Regiment. The Native Registration Ordinance is now Cap. 169 o f the Laws and there is now a Northern Rhodesia Police Ordinance (Cap. 44 o f the Laws). F itzgerald, A . J .: In the absence o f any express definition o f “ Police Officer ” in the Ordinance the term must be interpreted in the ordinary sense. In everyday use the expression “ Police Officer ” is employed to cover any member o f the Police Force. For instance, in the Police Forces in England, on which local forces are modelled, police constables are referred to as police officers in all prosecutions. Moreover, the only local ordinance in which I can find the term “ Police Officer ” defined is the Criminal Procedure Code and there a police officer includes any mem ber o f the police force. I I am o f opinion, therefore, that for the purposes of Cap. 59 section 10 (5) a native constable is a police officer.