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High Court of Zambia - 1984

10 judgments
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10 judgments
November 1984
Almakio Songeya Kapondeni v B. E C. Mapulanga [1984] ZMHC 7 (15 November 1984)
A complaint letter from public officers copying the fuel supplier was privileged because the supplier had a legitimate interest.
  • Tort — Libel — Qualified privilege — Publication by public officers pursuant to District Development Committee duties — Copying letter to supplier with legitimate interest does not destroy privilege — Absence of malice.
15 November 1984
Kapondeni v Mapulanga [1984] ZMHC 5 (14 November 1984)
A public officer’s letter about a filling station, copied to its supplier with a legitimate interest, was protected by qualified privilege.
  • Tort — Defamation — Qualified privilege — Publication of a letter by a public officer to a licensee, copied to the supplier with an interest — Whether privileged
14 November 1984
Thomas Mumba v The People (HNR/438/1984) [1984] ZMHC 10 (13 November 1984)
A statutory requirement forcing an accused to give sworn evidence violates the constitutional protection against compulsion to give evidence.
  • Constitutional supremacy — statutory provision requiring sworn evidence (s.53(1) Corrupt Practices Act) conflicts with Art.20(7) protection against compulsion; no implied amendment of Constitution; Speaker's certificate and two-thirds majority required for constitutional amendment; absence renders conflicting provision invalid.
13 November 1984
In Re: Implied Amendment of the Constitution; In Re: Corrupt Practices Act (HNR 438 of 1984) [1984] ZMHC 4 (12 November 1984)
A statutory rule forcing sworn testimony conflicts with the constitutional right not to be compelled to give evidence and is invalid.
  • Constitutional law — supremacy of the Constitution — no implied amendment — Speaker's certificate required for special Bills — absence renders conflicting statutory provision ultra vires; Criminal procedure — right against compulsion to give evidence (Art.20(7)) — s.53(1) Corrupt Practices Act invalid and severed
12 November 1984
June 1984
Daniel Phiri v People (HLA/66/1984) [1984] ZMHC 11 (22 June 1984)
Appellate court reduced an excessive two-year sentence for low-value theft to 12 months imprisonment.
  • Criminal law — Theft — Sentence — Whether sentence excessive for low-value theft — Consideration of previous convictions and proportionality — Appellate substitution of sentence.
22 June 1984
May 1984
Bonaventure Bweupe v The Attorney General and Ors (1978/HP/466) [1984] ZMHC 8 (29 May 1984)
A public demand that a judge apologise exceeds fair comment and can constitute actionable defamation.
  • Tort — Libel; defence of fair comment on matters of public interest; limits of fair comment where a public demand for judicial apology is made; nominal damages for improper defamation.
29 May 1984
Bweupe v Attorney-General, and Others (HP 466 of 1978) [1984] ZMHC 2 (28 May 1984)
A public demand that a judge apologise exceeds fair comment and may constitute actionable defamation.
  • Defamation — fair comment on judicial proceedings — public criticism of judges — demand for apology exceeds fair comment — publisher liability vs. reporter protected by fair comment
28 May 1984
In Re: Electoral Act CAP 19; In Re: Parliamentary General Election for Mumbwa East Constitutency; Loongo v Shepande (HP/EP 25 of 1983) [1984] ZMHC 1 (24 May 1984)
Recount (distinct from scrutiny) must be sought interlocutorily and may be ordered where counting errors could affect election result.
  • Elections — Recount and scrutiny — Distinction between scrutiny and recount — Recount to be sought by interlocutory summons supported by affidavit — Recount is an interlocutory measure, not substantive relief — Electoral Act s.17(2)(b)
24 May 1984
Loongo v Shepande (HP/EP 25 of 1984) [1984] ZMHC 6 (24 May 1984)
Recount is an interlocutory remedy distinct from scrutiny; court ordered a recount due to admitted counting errors.
  • Electoral law — recount distinct from scrutiny — recount as interlocutory procedure — application by interlocutory summons supported by affidavit — effect of counting irregularities on election result (s.17(2)(b), s.28).
24 May 1984
Seth Shibulo Loongo v Kennedy Mpolobe Shepande (1983/HP/EP/25) [1984] ZMHC 9 (24 May 1984)
Court ordered interlocutory recount, distinguishing scrutiny from recount and setting proper procedure and reporting requirements.
  • Elections — Recount versus scrutiny — Procedure for recount applications — interlocutory summons and affidavit — recount not substantive relief — Electoral Act s.17(2)(b); court-ordered recount where counting discrepancies affect result.
24 May 1984