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Supreme Court of Zambia - 1996 September

3 judgments
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3 judgments
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