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Supreme Court of Zambia - 1981 October

3 judgments
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3 judgments
October 1981
Mwanza v People (S.C.Z. Judgment 22 of 1981) [1981] ZMSC 161 (19 October 1981)
Insufficient chain of custody for fingerprint evidence transmitted by registered mail; conviction quashed.
  • Evidence — Fingerprint identification — Chain of custody essential — Where registered mail used, registered number/date and identifying marks must be specified to link posted and received exhibits
19 October 1981
Kabala & Another v People (S.C.Z. Judgment 19 of 1981) [1981] ZMSC 14 (7 October 1981)
Fairness in identification parades is essential; firearms parades are not mandatory; recent unexplained possession can support conviction.
  • Criminal procedure — Identification parades — fairness crucial; visible injuries give clues; suspects of comparable height and general dress suffice — Firearms parades not mandated — Alibi: prosecution’s onus to disprove — Unexplained recent possession and odd coincidences may support conviction
7 October 1981
Musakanya v Attorney-General (S.C.Z. Judgment 18 of 1981) [1981] ZMSC 15 (7 October 1981)
Detention under public security regulations falls under Article 27; grounds must allow meaningful representation and alibi must cover the whole period.
  • Constitutional law — detention under Preservation of Public Security Regulations — detention as constitutional derogation governed by Art.27(1) not Art.15(3)(b) — sufficiency of grounds and vagueness — alibi must cover entire period alleged
7 October 1981