High Court of Zambia - 1980 July

3 judgments

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Judgment date
July 1980
An originating summons under O.6 r.2 can be used to seek a declaratory order on employment status if the matter is suitable for chamber disposal.
Civil procedure – Originating summons under O.6 r.2 – Declaratory relief on employment status – Chamber disposition of declaratory actions – Wrongful dismissal procedure.
24 July 1980
Accused unfit to stand trial: evidence supported special finding under s.167, and detention during President's pleasure was confirmed.
Criminal Procedure Code ss.161(2)(b) and 167 – Insanity defence – procedure where accused unfit to stand trial – special finding under s.167 – detention during President's pleasure – confirmation by High Court.
10 July 1980
A prosecution must prove a confession was freely and voluntarily made; coercion mandates exclusion regardless of apparent truth.
Evidence — Confession admissibility — Voluntariness is the basis for admissibility; burden lies on prosecution to prove voluntariness beyond reasonable doubt — Allegations of torture, threats, solitary confinement and inducement — Trial-within-a-trial — Judges' Rules considerations.
3 July 1980