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Court of Appeal of Zambia - 2017 May

2 judgments
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2 judgments
May 2017
Kansanshi Mining PLC v Attorney General and Anor (CAZ 8 34 of 2016) [2017] ZMCA 135 (8 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 people v Alphonsious Cheelo Hamasuku (APPEAL No. 59 of 2016) [2017] ZMCA 167 (3 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