Court of Appeal of Zambia - 2017 May

2 judgments
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2 judgments
Citation
Judgment date
May 2017
Leave granted to seek judicial review of a Permanent Secretary's tariff directive; arbitration did not preclude review.
Administrative law — judicial review (leave stage) — illegality and ultra vires — tariff-setting under Electricity Act and Energy Regulation Act — procedural impropriety — arbitration clause not ousting court review where decision-maker is not party to arbitration agreement.
8 May 2017
The respondent's two-year sentence was increased where the trial judge misapplied sentencing principles, producing an inadequate punishment.
Criminal law – sentencing – causing grievous harm (s.224(a)) – appellate jurisdiction of the DPP – sentencing principles as law – aggravating factors: use of weapon, severe injury, aggressor, gender‑based violence – appellate intervention where sentence shocks conscience.
3 May 2017