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Court of Appeal of Zambia - 1971 May

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3 judgments
May 1971
Attorney-General v William Muzala Chipango (Appeal No. 2 of 1971) [1971] ZMCA 2 (18 May 1971)
Non‑compliance with constitutional time‑limits for grounds and Gazette notice invalidates continued detention.
  • Constitutional law — detention safeguards — s.26A(1)(a) and (b) — furnishing grounds within 14 days; Gazette publication within one month — mandatory requirements; failure invalidates continued detention.
18 May 1971
Joseph Lubasi v The People (Appeal No. 11 of 1971) [1971] ZMCA 6 (18 May 1971)
Altered witness statements demand caution; investigators must preserve original statements to ensure a fair trial.
  • Evidence — Witnesses altering or recanting prior statements — Trial court must approach such evidence with care; Evidence preservation — Investigating officers must not destroy or interfere with original witness statements — Effect on fairness of trial.
18 May 1971
Kinglos Kangaza v The People (Appeal No. 97 of 1970) [1971] ZMCA 7 (18 May 1971)
Court may substitute conviction alleging commission with "persons unknown" when co-accused are acquitted, if no prejudice to appellant.
  • Criminal law — Aggravated robbery — Co-accused acquitted or discharged — Amendment to allege "persons unknown" — Court of Appeal substitution under s.15(2) — Interaction with s.245 Criminal Procedure Code — Prejudice/injustice test.
18 May 1971