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High Court of Zambia - 2008

4 judgments
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4 judgments
October 2008
Anti Rigging Zambia Ltd v Zambia National Broadcasting Corporation and Ors (HP 1044 of 2008) [2008] ZMHC 3 (29 October 2008)
Non-party applicant lacked locus standi and failed to exhaust statutory electoral remedies; originating summons was improper, application dismissed.
  • Electoral law — Media coverage — Regulations 12(1), 13(1)-(2) Electoral (Code of Conduct) 2006 — Enforcement under Regulation 4(2) — Locus standi — Exhaustion of statutory remedies — Procedure for constitutional claims (Petition v Originating Summons) — Jurisdiction.
29 October 2008
August 2008
Anti Rigging Zambia Ltd (By Gurantee) v Banda (In his personal capacity as Presidential Candidate for the Movement for Multi-Party Democracy (HP 985 of 2008) [2008] ZMHC 2 (21 August 2008)
Applicant failed to prove bribery, ballot-marking or verification defects sufficient to annul the election; petition dismissed.
  • Electoral law — election petition — bribery, corrupt practices and inducements — marking of ballots by officials or monitors — absence of party polling agents — verification irregularities — standard of proof and witness credibility.
21 August 2008
March 2008
The People v Lt General Wilford Joseph Funjika (HPR/02/08) [2008] ZMHC 4 (9 March 2008)
On review the High Court replaced a suspended sentence for grand corruption with nine months' custody and held forfeiture mandatory.
  • Criminal law — Review under sections 337–339 CPC — Sentencing for public‑office corruption — ‘Grand corruption’ and deterrent custodial sentences — Mandatory forfeiture under s.41 Anti‑Corruption Commission Act — Role of medical evidence in mitigation.
9 March 2008
January 2008
Universal Church of the Kingdom of God (Registered Trustees) & Others v The Registrar of Societies & Others (HP 1147 of 2005) [2008] ZMHC 1 (18 January 2008)
18 January 2008