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Court of Appeal of Zambia - 1967 January

2 judgments
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2 judgments
January 1967
Kapowezya v People [1967] ZMCA 3 (17 January 1967)
On a robbery charge, assault may be substituted under s.168(1) if the major offence contains the lesser and particulars gave notice; s.168(2) requires cognateness and fair opportunity.
  • Criminal law — s.168 Criminal Procedure Code — substitution of minor offence where major contains the lesser — s.168(1): minor offence included in major and particulars give notice — s.168(2): minor must be cognate and accused must have fair opportunity to defend — procedural safeguards to avoid unfairness when convicting on uncharged alternative.
17 January 1967
Attorney General v Thixton (CAZ 8 10 of 1967) [1967] ZMCA 1 (10 January 1967)
Whether repeal of an immigration exemption deprived the respondent of an accrued immunity from deportation; court held it did not.
  • Constitutional law — accrual of rights; Interpretation and General Provisions Ordinance s14(3)(c) saves accrued statutory rights on repeal unless contrary intention appears; deletion of Immigration Act s13(1)(e) did not extinguish accrued immunity from deportation; statutes encroaching on liberty construed strictly; scope of constitutional reciprocity (s10(1)) and whether foreign immigration law is imported (judges divided).
10 January 1967