Munalo v Vengesai (1974) Z.R.201

Facts

The deceased was resident in the Republic of Zambia for many years.  Both the deceased and his widow were Rhodesian and members of the Shona tribe.  In 1961, the deceased had married his wife in Zambia by Shona law.  The deceased and his wife were living in Zambia as ordinary Africans but among a fairly large Shona community in the Mumbwa District.  Apart from their marriage, their life had not been affected by Shona law.  The deceased was killed in an accident.  The widow of the deceased took out a summons to obtain an order that the deceased’s estate be administered by the High Court under the English Probate law which applied in Zambia and not under the African customary law.  The respondent, a cousin of the deceased, claimed that the estate was governed by Shona customary law.

Issue

Whether the deceased’s estate should be conducted under Shona Law notwithstanding that apart from his marriage, he did not live under Shona Law. Also, should the court administer this case under English Probate law?

Held

The Court took the view that it was clear that the parties were living in a Shona community. When he wished to be married the deceased married by Shona law. If a matter had arisen to which Shona law had applied, it is likely that it would have been followed. Therefore, it was the conclusion of the court that the Deceased carried himself with respect to Shona Law and prima facie his estate was to be administered by Shona Law. Since the Customary Law is in the premise of the Local Court, the Court could not entertain the applicant’s contention to use English Probate Law in the matter. Hence the application was refused.

Commentary

This case is interesting in the sense that the Court had to rely on the Local Court’s Predecessor, the Native Courts Ordinance (1961) which defined the Jurisdiction of that Court to apply to African Customary Law and not only Zambian Customary Law. They had to rely on this ordinance to define the word ‘African’ as ‘any member of the aboriginal tribes or races of Africans or any person having the blood of any such tribe or race and living among and after the manner of such tribe or race and includes anybody or association of persons other than a limited company where membership is composed exclusively of Africans.’ This definition clearly shows that the Jurisdiction of the Local Courts is not only confined to Zambian Customary but also African Customary Law.

Furthermore, on the issue of custody, Doyle CJ said that, “the question of custody cannot, however, be determined by the High Court by the appointment of an administrator of his estate. Whether an administrator were appointed by the High Court or by the local court he would have to distribute the estate in accordance with the Shona law applicable…”

LEGAL DISCLAIMER: Vigilante Scholar is not a body licensed with dispensing legal advice in the capacity of legally mandated entity. The views and opinions we share are subject to correction, verification and authentication by the reader with the legally mandated government authorities. We acknowledge that the Council of Law Reporting retains copyright in all reported cases. Therefore, the cases we share subscribe to our opinion of the respective case and are to be used only for educative purposes i.e. discussion. This also applies to any photos and/or paraphernalia used under the exercise of fair use policy.

Please feel free to comment below.

VIGILANTE SCHOLAR TEAM

Case Summaries and their place in Law School

Introduction-

Case Summaries are an important part of Law School. Since Zambia clings and follows to the British Common Law system of following laid-down precedents of cases, it is very important to understand the holding and reasoning of judges in decided cases. Case law holds a very special place in my heart because I believe it is the epicenter of legal reasoning and also the machinery used for the establishment of legal principles. For example, what would the world be without Lord Atkin establishing the ‘Neighbor Principle’ in Donoghue v Stevenson? Where would we be without Lord Denning’s wise words on Promissory Estoppel in Central London Property Trust v High Trees House? More recently and coming closer to home, where would the excitement of legal commentators be without the holding of Kapesh v The People when the Supreme Court of Zambia decided to break its own precedent and laid down principles in which a belief in the existence of witchcraft was to be an extenuating circumstance to Murder? The list goes on and on.

What is Vigilante Scholar’s place?

At the tail-end of every summary that is churned out from Vigilante Scholar, the following precautionary words are uttered: ‘ Vigilante Scholar is not a body licensed with dispensing legal advice in the capacity of a legally mandated government authority…’ (the rest is history). These words are not only a safeguard against potential legal suits in copyright infringement, they are a snapshot of the ethos that has shaped the website from its inception i.e. to Read & Inspire. I always a joke with most of my friends that I might as well have had an L-R syndrome in coming up with that motto… It could have been Lead & Inspire. In whatever circumstance, be it Lead & Inspire or Read & Inspire, the following point is communicated: inspiration should stem from knowledge that is acquired from different sources to encourage discussion about issues that not only affect the Law in Zambia but also the World at large.  

As you can see at this point, the goal of Vigilante Scholar is not necessarily to play the role of teacher (actually far from it) but rather the goal is to inspire people to apply the knowledge that they already possess to bring about change. Quite idealistic, I know…

So coming to case summaries, they are NOT intended to substitute the actual full reading of a particular case. If anything, they are meant to remind the person who intends to use them of the essential Facts, Legal Issue(s) and the Holding of the Court. For a lack of better terms, they are statements of opinion on what a particular case was about, not necessarily a legal report. Now, to begin with, why summarize a case and publish it online? Well, partly the reason is because we can. Cases shouldn’t die in Textbooks then later on resurrected in Exams by a Brain that is too stressed to go beyond rote memorization. They are more deserving than that! The ingenuity of Judges cannot be relegated to only paper and pen when the effect of those Judgments transcend not only time (because some judgments are really old e.g. Donoghue v Stevenson) but also generations to come.

Tips before reading V.S. Case Summaries

Made with courtesy of https://www.canva.com

Tip #1: Read the Full Case

I know this feels counterintuitive especially when you are pressed for time, however, I believe it is necessary. Like I said, the ingenuity of Judges cannot be relegated to only paper and pen. The full case shows you the depth of reasoning which no Case Summary could ever unravel no matter how competent the skill of the Summarizer. Besides, the full case brings in the arguments of Counsels. Arguments which were well-thought out and prepared for that case in question. These arguments teach a thing or two about certain legal principles although the Judge may reject them as inapplicable in a particular case. Beyond that there is also the Obiter Dicta (words made in passing)of Judges which may be used as Ratio Decidendi (Reasoning of the Court)in other cases. Always remember that if the person who summarized the case had the tenacity to read all of it, then you too can achieve a similar outcome.

Tip # 2: Research the Legal Principles in the Summary

Jesus once said, “Be therefore perfect, just as your heavenly Father in Heaven is perfect”. It is a goal that I have (and perhaps most people) strived to achieve. However, with every step into the right direction, there always seems to be one universal obstacle: Humanity…

You could have the Ambition of Alexander the Great, the Fortitude and Skill of Achilles and the Wisdom of Socrates but one thing you cannot have is the ability to separate imperfection from Humanity.

Mistakes in making Case Summaries are bound to be made. As long as the creator of the summary is a Human Being, that is definitely possible. Not only can grammatical errors be made (which I make a lot), but also perhaps errors in understanding Legal Principles. It is best to assume that the only way to eliminate that threat is to verify the information through research and discussion.

Research is an art on its own but all in all the chief take away from this tip is that be open-minded and be careful on the information you take to be true.

Tip #3: Read, Read and Read some more…

Last but definitely not the least, READ! There’s simply no substitute for reading. Period! As far as memory retention goes. The best time to read is in the morning or the hours before you sleep.

“While we sleep, the part of the brain that stores recent information (the hippocampus) ‘tells’ the part of the brain responsible for deeper levels of information (the cortex) what has happened that day. Then, the cortex processes that day’s experiences and attempts to make sense of everything, deepening understanding and making links between recent experience and deeper, stored experience. In other words, any information from the day that the cortex thinks is worth remembering gets assimilated into the brain overnight.”

Law Express Exam Success, Emily Finch . Page 63-64

Apart from that, online University Repositories are invaluable in understanding legal principles. This is so because they are explained in light of difficulties that are haunting the legal world right now. My personal favorite is the University of Zambia online repository. You can find it here.

In conclusion, read cases with guided skepticism. In fact, critically analyze Vigilante Scholar cases, form your own opinion and if it happens to better, feel free to air out your opinion.

Fenias Mafemba v Esther Sitali (2007) ZR 215 SC

Description- Cohabitation in Zambia- Customary Law Marriage

Facts

The Appellant had an affair with the Respondent’s daughter (the deceased). The Appellant did not claim to be married to the deceased either under Customary Law nor Statutory Law. He paid no dowry nor followed the laid-down procedure of Lozi customary law. But however, he assumed that he was married on the strength that he had lived with the deceased for fourteen years and had two children with her (i.e. common law marriage). After the deceased had passed away, her mother became Administrator in her estate. The appellant took the matter to the Local court claiming that he had a right to her estate because he was a ‘widower’ and as such was entitled to it vis-à-vis section 9 (1) (b) of the Intestate Succession Act. On appeal, the High Court held that both the Subordinate Court and Local Court were in error and granted the deceased’s mother the right to be Administrator holding that there was neither Statutory marriage nor Customary marriage between the deceased and the Appellant.

Issue

Whether there was a valid marriage i.e. common law marriage, in order to give weight to the Appellant’s assertion that he had a right to the deceased’s estate. As in that circumstance he would be a widower and would satisfy section 9 (1) (b).

Held

The court was of the view that the Marriages Act, Cap. 50 of the Laws of Zambia has only two forms of marriages recognized in Zambia: Customary Marriages and Statutory Marriages. Since there’s no presumption of marriage under customary law, the court agreed with the lower court when it held that the appellant was not a husband to the late Inonge Sitali despite the fact the two had stayed together as husband and wife for fourteen years and had two children together. (There is no presumption of marriage in Zambia).

Commentary

The effect of this judgment is that it overturned the reasoning and holding behind Muyamwa v Muyamwa that there is a presumption of marriage in Zambia for persons who have stayed together for an extended period of time.

Furthermore, in delivering Judgment, Sakala CJ, as he was then, also said that the High Court was on firm ground when it ruled that both courts (meaning the lower courts) should have restricted themselves to the Lozi customary law on marriage in defining the relationship between the appellant and the late Inonge Sitali. Here, it could be contended that the court is making an emphasis, as it did in Chibwe v Chibwe, that in matters of customary marriages, customary law should apply.

LEGAL DISCLAIMER: Vigilante Scholar is not a body licensed with dispensing legal advice in the capacity of a legally mandated entity. The views and opinions we share are subject to correction, verification and authentication by the reader with the legally mandated government authorities. We acknowledge that the Council of Law Reporting retains copyright in all reported cases. Therefore, the cases we share subscribe to our opinion of the respective case and are to be used only for educative purposes i.e. discussion. This also applies to any photos and/or paraphernalia used under the exercise of fair use policy.

Please feel free to comment below.

VIGILANTE SCHOLAR TEAM

ROSEMARY CHIBWE v AUSTIN CHIBWE (SCZ Judgment No. 38 of 2000)

Facts

The Appellant was a secretary for a bank and was married to the Respondent, a successful businessman. They were married under Ushi Customary Law in 1982 and had about five children. Five years later after their marriage, they started to encounter problems. Some of these problems according to the Respondent was the Appellant’s late coming to the matrimonial home each time she went to church gatherings and her alleged adultery with a man. According to the Appellant on the other hand, one of the main problems was that after 1982, the Respondent refused and no longer had sexual intercourse with her without any reasons. After the Respondent sued the Appellant for divorce based on allegations of adultery and unreasonable behaviour in the Local Court. The Local Court granted the divorce. On appeal to the Magistrate Court with the help of assessors, the Court dismissed the Appeal and confirmed the decision of the Local Court. Although not disputing with the court’s order on divorce, the Appellant contended that she was entitled to her share of matrimonial property and maintenance of the children.

Issue

What percentage of share of family assets was the Appellant entitled to and whether she was entitled to maintenance of herself and the children, and if so, whether it should be a lump sum of money or periodical payments in maintenance.

Held

The court held that since the marriage was conducted under Ushi customary law, the Local and Magistrate Courts, which sat with the assessors who are the experts of the Ushi customary law, misdirected themselves by making no reference to Ushi customary law in dissolving the marriage and in property adjustments. Maintenance orders are meant to be periodical payments to maintain either children or the other party. Whereas property adjustment means allocation of one or more properties among the family assets to provide for a divorced person. Furthermore, the court held that in light of the number of properties acquired during the marriage and the fact that the appellant led a life of comfort with the respondent, a lump sum of money was not sufficient given the fact that the appellant contributed in kind to the acquisition of the properties listed. The appeal was allowed in that, under the Ushi customary law, the appellant ought to have been given a reasonable share of the matrimonial property.

Commentary: This case is also authority in distinguishing Maintenance Orders from Property Adjustment Orders.

LEGAL DISCLAIMER: Vigilante Scholar is not a body licensed with dispensing legal advice in the capacity of a legally mandated entity. The views and opinions we share are subject to correction, verification and authentication by the reader with the legally mandated government authorities. We acknowledge that the Council of Law Reporting retains copyright in all reported cases. Therefore, the cases we share subscribe to our opinion of the respective case and are to be used only for educative purposes i.e. discussion. This also applies to any photos and/or paraphernalia used under the exercise of fair use policy.

Please feel free to comment below.

– Vigilante Scholar team

JENALA NAMBEYE v CHILESHE CHIRWA (1979) Z.R. 117 (H.C.)

Description- Jurisdiction of the Courts in Customary Marriages

Facts

The Appellant stated that she was married to the Respondent in a Church. During the course of their marriage, the Respondent wrote her a letter through the Church that he did not love her. In reaction to this, the Appellant wished to divorce him. The matter was brought before the Subordinate court which granted a Decree Nisi, citing that it would become absolute on confirmation by the High Court.

Issue

Whether the Subordinate Court had jurisdiction to grant the Decree Nisi in dissolution of marriage.

Held

The court held that a subordinate court has no original jurisdiction to hear and determine proceedings in respect of marriages solemnised under the Marriage Act, Cap. 211(now appears as Marriage Act Cap 50).  That Jurisdiction rests in the High Court only. The Subordinate Court should have asked itself firstly what type of marriage it was dealing with. If it were customary then it would have jurisdiction. If statutory, it wouldn’t have jurisdiction to grant a Decree Nisi.

Commentary

The key lesson here is that it is important for a court of law i.e. a subordinate court, to make findings of fact and law as to what type of marriage it is dealing with so as to avoid acting in excess of jurisdiction.

LEGAL DISCLAIMER: Vigilante Scholar is not a body licensed with dispensing legal advice in the capacity of a legally mandated entity. The views and opinions we share are subject to correction, verification and authentication by the reader with the legally mandated government authorities. We acknowledge that the Council of Law Reporting retains copyright in all reported cases. Therefore, the cases we share subscribe to our opinion of the respective case and are to be used only for educative purposes i.e. discussion. This also applies to any photos and/or paraphernalia used under the exercise of fair use policy.

Please feel free to comment below.

– Vigilante scholar team

Affiliate Marketing – Horrors & Revelations 2

This is a continuation of my last blog post, Affiliate Marketing- Horrors and Revelations. If you didn’t catch it, feel free to check it out here. As promised, I will tackle a couple of issues that affect your success in Affiliate Marketing in this blog post. Now, I am not supposing myself to be an expert, but I am going to give you a purely intellectual perspective of what I think can work. While I have a personal first-hand experience with some of the strategies that will be discussed, others still remain untested waters. So, please read and take this advice with guided optimism.

Recap

In the previous blog post, I had alluded to the power of Affiliate Marketing. We also defined Affiliate Marketing and why it is making such a huge difference in the lives of people. Building on that knowledge, we need not only discuss the ways and means to become successful at it, but also the factors that contribute to its success.

Before we go into the gory details of what factors influence successful Affiliate Marketing, let me take this moment in time to introduce you to the Vigilante Scholar Affiliate Marketing Code of Honor..  So, place your right hand on your chest and repeat the following words: I will believe in the product I am selling, I will know my audience, I will sell to solve actual human problems, I will build relationships, I will place more emphasis on winning the trust of my customers first not making money and, I will not be greedy but I will be passionate….

If you just did that, then we are ready to begin.

The Vigilante Scholar Code of Honor is a list of tenets that have been collected from top Affiliate Marketers in the industry. Some of the principles are not as important as others but their impact is still significant.

#1 Believe in the Product

So, you want to be an Affiliate Marketer right? What is your motivation? Well, you probably just want to make a quick buck and that’s it. But here’s something that you need to know, people have different needs that require different solutions. If you find yourself in between those extremes, then you already lack faith in what you are selling. You have to believe not only that you are a solution to someone’s problem but also that the product you are selling will do the job. There a lot of products and services out there. Most of them are good while some of them are two months away from becoming junk.  Now ask yourself, would you sell junk to a close friend of yours or family member? You probably wouldn’t. Why not? It’s just not cool right? You need to be so confident in your product that you wouldn’t hesitate to recommend it to your friends and family. If you believe in the products or services you are selling, you will have more courage in pitching them to other people. Another reason is that they are a reflection of you. If you associate yourself with good quality products, there is a high chance of people purchasing them. Moreover, you would get a good reputation in return. This will in turn help build trust. (More on that later)

So, this part of the Vigilante Scholar Code of Honor is encapsulated in these final words: ‘Don’t sell anything that you don’t believe will solve your audience’s problems.’

#2 Know your Audience

Unless we grew up together or you are from my neighborhood, chances are that you and I have never met in person. (I am actually adorable by the way…)

So how does that make you feel? Do you feel uncomfortable or curious about me? Or maybe just a little bit afraid because you have no idea who you are talking to? Perhaps a parent’s precautionary words to stay away from strangers come to mind. Depending on your personality, your reaction to strangers will undoubtedly be different from the way you act around people you know. Talking to strangers is not everyone’s strong suit and for good reason; they are a lot of crazy people out there. But when it comes to selling your product, you have to understand that at the tail-end of a computer screen or phone or tablet is a human being. This human being is reading your blog post, watching your YouTube video or Vimeo (whatever Affiliate Marketing channel you use) for a reason. They have a name, a family and a whole string of emotions attached to that. They struggle with life just as you do and are looking for a solution to a specific problem that they think your product might solve.

It goes without saying that you must do whatever is in your power to understand them. It’s not just enough to sell the product; you also have to understand why they needed it in the first place. I know it’s not a common thing to follow-up people an Affiliate Marketer has sold their product to, but if you can, please do.  Send follow-up emails to see if the product you sold to them worked. If not, give reasonable suggestions on the next step. In other words, act like you have known them for years. Treat them with affection and understanding. That’s what makes a great marketer!

#3 Sell to solve problems

This is closely tied to the last point I alluded to earlier about knowing your audience. After you have known your audience, then what? You know their problems and sorrows but can you fix them? In the few years that I have been alive on this earth, I have met some very interesting individuals who only talk about problems but never seem to know how to fix them. In illustrating my point, I need not go further in search than in the political arena. Politicians are masters at fault finding and identifying problems.  However, they often can’t deliver solutions. Wouldn’t the world be wonderland if they were more problem-solvers than problem-identifiers? Of course it would, but if only it was that easy.

Remember I suggested that it would be a good idea to follow-up your customers after they purchase your product. The reason why this is so important is that you get to be a problem solver and not pile up to the list of problem-identifiers. I wish there was a panacea for all of our problems or the perfect product that would somehow wipe every tear away. However, just as they are no perfect people, they are also no perfect products. You have to identify yourself to be more than an Affiliate Marketer. You have to be a problem solver!

But I know what you are thinking, follow up emails are just too much work and it’s just a waste of time anyway.

 Jesus once said,

“There were there is a dead body, the vultures will gather.”

-Matthew 24:28

In our context what that means is that wherever people gather, there is money! Money follows people wherever they go. That’s why you find that countries that have the largest populations also tend to have a higher GDP than countries than have small populations. Just think about it, if every person in China gave you $1 right now, how much do you think you would have? Yes, you guessed it…billions of dollars.  Now, each and every person in China might consider giving you that $1 and forgive the fact that you are a stranger if (1.) They know you understand their problem and (2. )They think that what you are trying to sell to them will solve their problems.

So are we good? Or you are all caught up? If you are still reading up till this point, I assume you are still in there. 

Okay, let’s go!

#4 Build Relationships

This is closely tied to the previous points. Like I earlier pointed out, talking to strangers is not everyone’s strong suit. Trusting strangers with your money is even worse. Have you ever wondered why branding is so important to a company? Why companies spend billions and billions of dollars every year to promote their products or services over and over again? Well, partly the reason for that is that people have trust issues. The world is very cynical. That is why it is hard to build a good reputation but extremely easy to destroy it. It’s human nature to fear more than we hope. Why is it like that? Well, it’s out of the very simple reason that it’s safer that way.

Let’s take Coca Cola, the famous soft drink company, as an example.

That company has been in existence for over one hundred years but yet it still advertises strongly. Why? Surely everybody has got the memo that they are one of the best soft drink companies in the world. Not quite. I think one of the main reasons why they keep advertising is so that they reassure their customers that they still got it .i.e. to reaffirm trust in their products. By the way, I am not endorsing the brand to you in this post because I am their Affiliate, I just like them.

There is one sales tactic that I particularly like called ‘Share a Coke’ which underscores my main point here. In this tactic, the company would randomly print out local names on their bottles. For example, mine would come out as ‘Share a Coke with Yaiman’.

This was brilliant because it would make someone subconsciously feel that the company knows them on  a personal level whenever they buy that bottle, hence boost trust. I can imagine that this tactic was able to bring in some pretty hefty sums of money for the company.

The last two items on the Vigilante Scholar Code of Honor are embedded into the four we have already discussed. So we will just proceed.

Driving Traffic

Now that we have discussed the Vigilante Scholar Code of Honor, let’s now look at factors that affect successful Affiliate Marketing.  Making a passive income is not as easy as it sounds. If it were so, then everybody would do it right? There are a few extra hoops you must jump in order to succeed and one of them is driving traffic to your Affiliate Marketing platform.  Let me be honest, I thought Vigilante Scholar will be a killer. I remember thinking, ‘there are billions of people online every day and so getting traffic will be a no brainer.’ Boy was I wrong!

After getting my feet off the ground and starting the website, I realized that most of the traffic that a website gets is streamlined because of search engines. These are the cops of the internet. The biggest search engine, of course, is Google.

Perhaps, if search engines didn’t exist, traffic would be easier to come by because people would just surf the web on their own manually. Wow! Even typing that makes me cringe. That would be horrible. Besides, we all love Uncle G right? Mr. Google. He (assuming it’s a he, relax feminists) makes our lives easier. Without search engines like Google, the internet would really come out as it is: the good and the bad would be all mixed up in one big ball of confusion. Search engines do a remarkable job to bring order to that chaos.

Okay, now that we have decided that assassinating Uncle G is a bad idea, why not learn what it takes to sit on the table with him?

Although Google is not the internet, it has evolved quite impressively with the wants and the needs of people. So without further ado, here is a couple of tips you can use to create great SEO content and drive traffic.

Build Backlinks

I know what you are thinking, ‘Backlinks? That sounds so tech-savvy.’  You are right, it is. But it’s not very complicated though. Backlinks are simply defined as links from one website to another website.

They tell search engines like Uncle G how many websites are linking to a particular website. That of course, entails that the particular website is an authority. Well, not exactly. It also matters what type of backlinks that a particular website has.  For example, if Vigilante Scholar has twenty backlinks from newbie websites like X, but only one backlink from a website like Forbes or CNN, Google will generally attach more weight to the well-known websites and reward Vigilante Scholar in SEO accordingly. That is why I generally advise that it is a bad idea to buy backlinks from Private Blog Networks or anything like that.

Unlike human beings, Uncle G seems to be getting smarter and smarter as he ages! He can tell high quality backlinks from low quality backlinks. So if you buy backlinks from a private blog network to manipulate your Search Engine Rankings, Google will find out one way or another and you will get penalized. The best way to build backlinks has always been guest-posts. The more you guest-post online, the higher the chances of getting more backlinks to your website.

Create Evergreen Content

This goes to the heart of Search Engine Optimization (SEO). People are always searching for answers online and your content should be able to fulfill their desires. While nobody knows what exactly Google uses to rank one website over another, an indisputable fact is that it’s all about user satisfaction. The more people read your content and share it online, the higher the chances of your content being found on page one of Google search. So what’s the deal? Well, the deal is that you have to create content that people like. It’s just common sense that no one would share something that they don’t like. It’s also a good idea to hire professional writers who might get the job done for you.

Upwork is a good place to start.  You can hire a freelance writer from there.

Promotion

Hello! Social Media still works!  Most businesses are now realizing that social media deserves its place of respect in the marketing world. That’s why companies like Facebook or Twitter are making tons of money from charging companies in Advertising fees. Let’s use Facebook as our starting point. There are two types of people who log into Facebook: (1.) There are those that log in to stay in touch with their friends and loved ones and, (2.) Those that log in to sell stuff to their friends and loved ones.

Remember Jesus’ words? There were there is a dead body, the vultures will gather? That’s exactly why social media marketing and promotion is important. Wherever people meet, and yes that includes social media, they take their money with them. One strategy I would recommend to improve your brand visibility or affiliate links promotion is to identify influencers i.e. people who have a large following and whose opinion matters about a certain brand or business. Paying Facebook to advertise for you is a good idea but paying these influencers to do the same is even better. Why? This is simply because people trust an influencer better than they trust an Ad. Besides, by using influencers to promote products, you would be adhering to the Vigilante Scholar Code through knowing your audience.

 

Research Keywords

I know you are not going to believe this but… finally(we are done)… do keyword research. Writing for the web is always tied around keywords. When my blog post, Chishimba Kambwili v The Attorney General was ranked on page one of Google search, I was ecstatic. At first I thought, ‘ That is amazing, I must have written some good content.’ Yes, I was right about that. The content was good but there was also another reason that was less glamorous: The keywords ‘Chishimba Kambwili v The Attorney General’ don’t receive a lot of love in Google searches.  Therefore, because the keyword difficulty was easy, it was easy for me to rank on top of those searches. So don’t bite more than you can chew. Using a free marketing tool like Neil Patel’s Ubersuggest, you can find the keyword difficulty of what you are trying to write about. But please in all honesty, if you find yourself competing for a particular keyword with sites like Forbes or the Entrepreneur, just give up. Then again I could be wrong! But at any rate, aim for keywords that have low competition but high search volume and most importantly write long detailed content to beat your competition.

Final words

I hope that this post has been helpful to you and also that you will keep on hustling. Remember, it is not over until the fat lady sings! So keep at it and work hard. Everything is possible to him who believes.

P.S. Don’t forget to like and follow Vigilante Scholar for more information about Leadership, Entrepreneurship and Law.

Affiliate Marketing :Horrors & Revelations

BIRD’S EYE VIEW OF AFFILIATE MARKETING

Affiliate Marketing needs no introduction in the Entrepreneurial world. It’s leaving its mark on both small and big corporations alike. This year, Affiliate Marketing Spending is estimated to be at 6.8 billion U.S. dollars in the United States alone. Next year, there is a projected growth of about 6 million dollars in spending. That’s a lot of money for an activity which has been historically likened to your everyday greedy salesman. In military language, Affiliate Marketers are the foot soldiers of most corporations, working tirelessly to convince customers to buy a product.

Although there have been many advances, Affiliate Marketing has not been spared from the dark side of human ambition. As much as there are success stories of people making a huge fortune, equally horrifying stories of unethical behavior by affiliate marketers are not unheard of. Annoying Ads on blogs and websites make a person all but wonder if there are any ethics in the art.

What is Affiliate Marketing

According to Encarta Dictionary, Affiliate Marketing is the use of a central website to market the products and services of other sites. That’s a pretty blunt way to put it. If we were to put it in a more simple way, we would say it’s marketing the products and services of others to get a small commission on every sale. For example, a 10 per cent commission on a T-shirt which costs $100 would mean that an affiliate marketer would get $10 on every sale. This means that the more sales that an Affiliate Marketer makes, the more the earnings.

If you are a follower of Vigilante Scholar, chances are that you have read my blog post titled Rape Chinese!’ The Two Most Common Words in Zambian Ghettos. In that post, I had talked about my failed attempt at being a salesman. To be honest, I didn’t do my best. That was a classic example of a situation where a man’s ego overrode a good life lesson. But just in case you are one of the few Vigilante Scholars who haven’t read it, feel free to click on the link above. Anyway, I digress.

You see, Affiliate Marketing works very much in the same way as your everyday salesman. In fact, you could think of it as being a door to door salesman for a particular company and your neighborhood as the Internet. Then you could also think of the doors as email addresses and the classic salesman’s slick tongue as Ads and Promotions.

The process is very straightforward: You get a link from a website that is selling a particular product called an Affiliate Link. After having done that, you then distribute that link in whatever channels that tickle your fancy: A Blog, YouTube Channel, et cetera… If a person purchases a product using your link, you get the commission promised by the company that gave it to you. Get the idea?

The Upside of Affiliate Marketing

There are obvious advantages and pros to Affiliate Marketing. The following is small list:

  1. It Requires Less Work: Unlike my futile attempts in the Salesman’s world, Affiliate Marketing doesn’t require as much effort as walking from door to door trying to convince people to buy a product. Pound for pound, it requires less physical exertion. With the help of digitization and the internet, you could literally make sales while you sleep.
  2. It’s time efficient: Since machines work around the clock to show Ads to potential buyers, you have time to do something else. Like I said, you could literally make money while you sleep or while watching a football game.
  3. You could make a fortune: Despite its turbulent nature, Affiliate Marketing has made a lot of people achieve financial freedom. People who become skilled at it have high chances of becoming Super Affiliates i.e. people who make six-figures or even seven-figures annually.
  4. You get to solve real human problems: I believe that businesses of all kinds are world changers. They provide jobs for us and will probably shape our future. From the color of our toothbrushes to the softness of your mattresses, companies continue to impact our lives at an unbelievable pace. When you are an Affiliate Marketer, you get to be part of that Ecosystem. You have the chance to solve people’s problems by providing them with the goods and services that they need.

The Downside of Affiliate Marketing

Like every other good thing in life, Affiliate Marketing is not without flaws. Here’s a small list of some of the cons:

  1. Miss out on building relationships: One of the biggest shortcomings of Affiliate Marketing is that you miss out on opportunities to build relationships with the customers that you sell your product to. Because you are the intermediary, the company that you are selling for is the one that gets to keep tabs on customers. After you get paid, there’s no responsibility attached to you whatsoever. (which brings me to reason number two):
  2. Affiliate Marketers are not exactly seen as Knights in Shining Armor: I find it very ironic that Vigilante Scholar endorses the idea of Affiliate Marketing but the words; ‘Vigilante’ or ‘Savior of the Day’ are the last thing that the General Public would use to describe Affiliate Marketers. As previously mentioned, they are seen as greedy and heartless business people who care nothing about customer satisfaction- no less respect for privacy.
  3. Acquiring and learning the Necessary skills can be tough: Affiliate Marketing is still in its infancy. Besides the obvious advantage that there’s a huge earning potential, this also means that acquiring the necessary skills could be challenging. There’s a lot of good online material to learn from. However, not all of it is created equal. From my own research, I have found that the most successful Affiliate Marketers are those that use a ‘trial and error’ method. This means trying out all sorts of ideas, both the good and the bad, and then painfully sticking around to see which ones work. Suffice to mention that not everyone has a heart large enough to lose a few hundred dollars before seeing a change in their income.
  4. Income is uncertain: This point is closely tied to the previous one. There’s a lot of uncertainty in Affiliate Marketing. You can make as much as $5,000 per month or as little as $20. It all depends with the strategy that you use. If you have a weak stomach for uncertainty and fluctuating revenues, then Affiliate Marketing is probably not for you.  

Final Advice

Now, let’s wrap up this post with a few words of advice. From my point of view, I think Affiliate Marketing deserves a chance. It has its shortcomings, but I feel that it deserves attention from that Entrepreneur who is looking to make a few extra dollars in passive income.

My next post will be particularly helpful for those who may be interested in trying it out. On the other hand, I also completely understand those who may not be interested, there are many ways to kill a rat and Vigilante Scholar will reveal all the hacks and tricks it could possibly find.

Winford Kaleo v The People (1978) ZR 250

This image was adapted from https://www.consortiolawfirm.org

Description: Theft- Elements of the offense- Conversion not Amounting to theft

Facts

According to the facts, the appellant was convicted of theft by the trial court. The facts disclose that he had taken a car valued at K2,000 in Mbala and also to have broken into a store on the same day. Inside there, he allegedly stole some clothes and other items. Shortly after the break-in and theft, the pieces of clothing that were reported to have been stolen were found in the appellant’s possession. The car was also found abandoned shortly after the robbery.

Issue

Whether a conviction of theft could be sustained given these sets of facts?

Held

The court held that section 265 of the Penal Code provides that a person who is to commit the offense of theft has to expressly show an intention to permanently deprive the special owner of the thing being stolen. According to the facts, the car was left abandoned. This entails that there was no intent to permanently deprive. Hence, a conviction of theft could not stand.

Commentary

It seems that in order to establish theft, there must be intent to permanently deprive the owner of the thing being stolen. Section 265 Penal Code Act.

LEGAL DISCLAIMER: Vigilante Scholar is not a body licensed with dispensing legal advice in the capacity of a legally mandated entity. The views and opinions we share are subject to correction, verification and authentication by the reader with the legally mandated government authorities. We acknowledge that the Council of Law Reporting retains copyright in all reported cases. Therefore, the cases we share subscribe to our opinion of the respective case and are to be used only for educative purposes i.e. discussion. This also applies to any photos and/or paraphernalia used under the exercise of fair use policy.

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Muzyamba v. The People (1975) ZR 83

This image was adapted from https://www.consortiolawfirm.org

Description:-Stock theft

Facts

The appellant was convicted of stock theft. The facts disclosed that a bull had strayed onto his land and consequently mingled with his cattle. The appellant said that the bull had damaged his maize and so he felt that he could deal with it in a manner he saw fit. Furthermore, he contended quite insistently that the bull was his and brought one of his cows to suggest to the court that that was the mother.

Issue

Can the defense of a bonafide claim of right succeed given these sets of facts?

Held

The court held that the defense could not succeed given these sets of facts. The appellant did not honestly believe that he had the right to deal with the cattle. The very fact that he went to the extent as to claim that the bull was his when in fact it was not, was very dishonest. Therefore the defense of a bonafide claim of right could not succeed. Hence the appeal against conviction was dismissed.

Commentary

Clearly, there has to be an honest belief to deal with someone else’s property. It could be said that it need not be reasonable but it has to be an honest belief to satisfy section 8 of the Penal Code.

LEGAL DISCLAIMER: Vigilante Scholar is not a body licensed with dispensing legal advice in the capacity of a legally mandated entity. The views and opinions we share are subject to correction, verification and authentication by the reader with the legally mandated government authorities. We acknowledge that the Council of Law Reporting retains copyright in all reported cases. Therefore, the cases we share subscribe to our opinion of the respective case and are to be used only for educative purposes i.e. discussion. This also applies to any photos and/or paraphernalia used under the exercise of fair use policy.

Please feel free to comment below.

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Chombe V The People (1972) ZR. 36

This image was adapted from https://www.consortiolawfirm.org

Description: Stock Theft

Facts

The appellant was convicted of stock theft. The facts disclose that some cattle had strayed onto his land and he had inquired four headmen as to who the owner was. He did not report the matter to the police. Interestingly enough, eight days after the cattle had been reported missing, the appellant went to the police to obtain a license for slaughtering the cattle but made no mention that they were not his. He did not even suggest that he had the right to slaughter them.

Issue

Whether a defense of a bonafide claim of right was available to the defendant?

Held

The court held that the appellant did not suggest to the police or anyone for that matter, that he had the right to deal with another person’s property i.e. through slaughtering. Even though his motive for not disclosing was that he would be arrested, this was clearly disingenuous and not fitting for a defense of a bonafide claim of right to succeed.

Commentary

The full case has some interesting gems on conversion. At any rate, the appellant could not have relied on the defense of a bonafide claim of right.

LEGAL DISCLAIMER: Vigilante Scholar is not a body licensed with dispensing legal advice in the capacity of a legally mandated entity. The views and opinions we share are subject to correction, verification and authentication by the reader with the legally mandated government authorities. We acknowledge that the Council of Law Reporting retains copyright in all reported cases. Therefore, the cases we share subscribe to our opinion of the respective case and are to be used only for educative purposes i.e. discussion. This also applies to any photos and/or paraphernalia used under the exercise of fair use policy.

Please feel free to comment below.