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Supreme Court of Zambia - 1996 September

3 judgments

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3 judgments

Citation	Judgment date
September 1996
Chileshe v Zambia Consolidated Copper Mines Limited (S.C.Z. Judgment 10 of 1996) [1996] ZMSC 18 (29 September 1996) Court clarified "social status" discrimination scope, required claimant onus, and ordered retrial where lower court refused to adjudicate merits. Labour law – Dismissal – Discrimination – Meaning and scope of "social status" – Statutory construction of section 108 – Onus on claimant to show reasonable cause – Not all unfair treatment equals social-status discrimination – Retrial ordered where merits not adjudicated	29 September 1996
Zambia Consolidated Copper Mines Limited v Matale (S.C.Z. Judgment 9 of 1996) [1996] ZMSC 20 (29 September 1996) Industrial Relations Court may investigate reasons for dismissal and grant damages under its general jurisdiction; reinstatement is not automatic. Labour law – Industrial Relations Court jurisdiction – Section 85 – wrongful/unjust dismissal – ability to investigate reasons for termination – discrimination (social status) – remedies: compensation, reinstatement not automatic – substantial justice	29 September 1996
Wina & Another v People (S.C.Z. Judgment 8 of 1996) [1996] ZMSC 17 (9 September 1996) Retrial improper where evidence was inadequate and investigation concerned a leakage, not an offence under the Act. Criminal procedure – Retrial – When to order – Improper to order retrial where prosecution evidence inadequate; Statutory compulsion to disclose information v. privilege against self-incrimination; Requirement that information be reasonably required in investigation of an offence under the Act; Warn-and-caution considerations	9 September 1996

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