Results.
8 judgments found.
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| November 1991 |
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A citizen’s constitutional right to travel includes a right to a passport, subject only to lawful, justified restrictions.
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Constitutional law — Freedom of movement — Right to leave and enter the country — Right to issue of passports — Executive discretion to refuse or withdraw passports subject to constitutional and statutory limits — Withdrawal not justified by mere possession of a small quantity of cannabis — No statutory authority applicable
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25 November 1991 |
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The Supreme Court refused interlocutory bail, holding it lacks jurisdiction to entertain such applications during ongoing High Court trials.
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Contempt of Court (Cap.53) — s.5 appeals in contempt — interlocutory appeals and bail — appellate jurisdiction — supervisory jurisdiction of Supreme Court — functus officio and trial judge’s power to revoke invalid committal orders.
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21 November 1991 |
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Failure to administer warn and caution rendered the police confession inadmissible, but res gestae and other evidence upheld the conviction.
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Criminal law — Confession and caution — Failure to administer warn and caution raises presumption of involuntariness; admissibility of confessions — effect of defence counsel’s in-court disclosures; hearsay — res gestae exception for statements of deceased; safety of conviction absent police confession.
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19 November 1991 |
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Failure to administer warn and caution and defence counsel’s Bar disclosure rendered the police confession inadmissible, but other evidence upheld the conviction.
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Criminal procedure — Confession — Failure to administer warn and caution raises rebuttable presumption of involuntariness; prosecution must explain. Defence counsel’s Bar statements about voluntariness may prejudice accused and breach duty of confidentiality. Res gestae and independent civilian admission admissible and can sustain conviction
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18 November 1991 |
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The appellant’s police-recorded confession improperly admitted was excluded, but conviction upheld on res gestae and civilian admission.
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Criminal law — admissibility of confessions — failure to administer warn and caution raises rebuttable presumption of involuntariness; improper reliance on defence counsel’s bar remarks — confession excluded; res gestae and civilian admission admissible and sufficient to uphold conviction.
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15 November 1991 |
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Appeal dismissed: disciplinary demotion and pay stoppage of a public servant for failing to answer parliamentary question held lawful; no damages awarded.
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Public service discipline — Parliamentary accountability — Failure to answer parliamentary question — Gross negligence of duty — Cabinet and Public Service Commission disciplinary action — Demotion and stoppage of pay — Lawfulness of sanctions and entitlement to damages.
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9 November 1991 |
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Accomplice testimony lacked adequate corroboration; conviction unsafe and quashed.
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Criminal law — Murder — Accomplice testimony — Requirement of independent corroboration — Identification and circumstantial evidence — Shoe prints — Unsafe conviction where reasonable alternative hypothesis not excluded.
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7 November 1991 |
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Whether loss of employment resulted from localisation (Zambian takeover) or from contractual termination.
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Labour law — displacement/localisation — causation — whether loss of employment resulted from a Zambian taking over the post or from valid contractual termination (payment in lieu of notice).
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1 November 1991 |