High Court of Zambia - 1994

3 judgments

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3 judgments
Citation
Judgment date
October 1994
Public interest immunity bars disclosure of anti‑corruption investigative reports and cannot be waived by executive consent.
Defamation – fair comment – public interest immunity – documents of criminal investigation – waiver – two-stage disclosure – burden to show countervailing public interest.
10 October 1994
May 1994
Interlocutory defamation injunctions require urgency, prima facie entitlement and evidence of likely repetition; applicant failed to satisfy the court.
Injunctions – Ex parte interim relief – extraordinary remedy requiring urgency and prompt application – Defamation – caution in granting interlocutory injunctions due to free speech – necessity to show prima facie case and evidence of intention to repeat defamatory words – effect of pardon on status but not automatic interlocutory relief – recognised defences (justification, fair comment) may preclude injunction.
29 May 1994
April 1994
Police may cancel bail for specified risks, but courts must examine cancellations and may grant or extend bail accordingly.
Bail – police bond – police permitted to cancel bond for flight, witness interference or imminent offending – court must inquire into reasons for cancellation when considering bail – police bond does not automatically cease on court appearance; magistrate may enlarge bond – internal circular banning bonds ultra vires.
1 April 1994