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Supreme Court of Zambia - 1978

3 judgments
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3 judgments
October 1978
Simon Malambo Choka v The People (37 of 1978) [1978] ZMSC 2 (10 October 1978)
A witness with a personal interest must be treated like an accomplice and requires independent corroboration; suspect witnesses cannot corroborate one another.
  • Evidence — Witness with possible interest/ bias — Such witness treated akin to accomplice requiring corroboration or "something more" to exclude risk of false implication — One suspect witness cannot corroborate another
10 October 1978
William Muzala Chipango & Others v The People (36 of 1978) [1978] ZMSC 1 (4 October 1978)
Recruits were suspect witnesses requiring corroboration; prosecution's refusal to call listed witnesses and police coercion rendered the trial unfair.
  • Evidence — Accomplice/suspect witnesses — Possible interest to exculpate — Necessity of corroboration or support; Criminal procedure — Summary committal witness lists — Prosecution duty to call/tender witnesses capable of belief; Fair trial — Right to cross-examine prosecution witnesses — Trial court may call witnesses if prosecution declines; Criminal trial — Joined accused require individual assessment of overt acts; Police misconduct — Coercion and assaults undermining the prosecution
4 October 1978
June 1978
Malita Banda v The People (S.C.Z. Judgment No. 26 of 1978) [1978] ZMSC 3 (23 June 1978)
When an accused is unfit to plead, a special finding under s.167 is impermissible and detention orders must follow proper statutory procedure.
  • Criminal procedure — Fitness to plead — Unfit accused: trial court may not make s.167 special finding; detention under s.161(2)(b) must follow proper procedure; appeal lies from orders made without jurisdiction.
23 June 1978