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High Court of Zambia - 1994

3 judgments
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3 judgments
October 1994
Sata v Post Newspaper Limited and Others (HP 1325 of 1992) [1994] ZMHC 3 (10 October 1994)
Public interest immunity bars disclosure of anti‑corruption investigation reports; it cannot be waived and the subpoena was set aside.
  • Defamation — fair comment; public interest immunity; non‑disclosure of criminal investigation reports; Attorney General entitled to claim immunity; burden on party seeking disclosure; two‑stage discovery process
10 October 1994
May 1994
Shamwana v Mwanawasa [1994] ZMHC 2 (29 May 1994)
A presidential pardon does not automatically entitle the plaintiff to an interlocutory injunction restraining alleged defamatory references without urgency and clear right.
  • Injunctions — ex parte relief — extraordinary jurisdiction — must be prompt and urgent; Defamation — interlocutory injunctions granted cautiously due to free speech and recognised defences (justification, fair comment) — plaintiff must show intention to repeat actionable words and clear right to relief; Effect of pardon — may remove infamy but does not automatically justify interlocutory restraint; Adequacy of damages as alternative remedy
29 May 1994
April 1994
People v Sikwiti & Others (HPBA 6 of 1992) [1994] ZMHC 1 (1 April 1994)
Court held police may cancel bonds for good cause, but courts must scrutinize cancellations and police bonds do not automatically end on court appearance.
  • Bail — police power to grant and cancel police bonds; court's duty to inquire into police cancellation when considering bail; police bond does not automatically cease on court appearance; internal police circulars ultra vires s.123 CRC
1 April 1994