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High Court of Zambia - 1968 August

3 judgments
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3 judgments
August 1968
Mushunga v The People (HC 85 of 1968) [1968] ZMHC 17 (30 August 1968)
Strict compliance with s.199A admission-of-guilt formalities and fixed-day hearing is required; procedural defects invalidate conviction.
  • Criminal procedure — admission-of-guilt (s.199A) — strict compliance required — statement of facts must state essential facts and be in prescribed signed form — hearing must occur on fixed day for court to exercise s.199A(5) powers.
30 August 1968
Sakafunya v People (HC 86 of 1968) [1968] ZMHC 26 (30 August 1968)
An investigating police officer may prosecute if not to give evidence; minor discrepancies and a date error did not vitiate conviction.
  • Criminal procedure — Prosecutor selection — Investigating police officer may conduct prosecution if not a witness; Credibility assessments — minor discrepancies immaterial; Particulars — clerical error in dates amendable; Sentence — two years' imprisonment appropriate for substantial theft by public servant.
30 August 1968
Mwale V People (HC 84 of 1968) [1968] ZMHC 19 (16 August 1968)
Failure to rule on an objection to an identification parade renders the conviction unsafe and may be quashed.
  • Criminal procedure — Identification parade — Duty of trial magistrate to determine objections to parade conduct; Safety of conviction where objection unaddressed; Court record — Prejudicial observations on arraignment record should not appear.
16 August 1968