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Supreme Court of Zambia - 1997 February

4 judgments
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4 judgments
Citation
Judgment date
February 1997
Charles Mukinkila Chitengi v Attorney General (SCZ APPEAL NO. 41/1995) [1997] ZMSC 63 (7 February 1997)
Whether the appellant was a Zambian citizen and thus immune from deportation under section 26(2) of the Immigration and Deportation Act.
Immigration and Deportation Act s.26(2) – Deportation of non-citizen – Citizenship by birth/descent – Burden and weight of oral and documentary evidence – Credibility findings and appellate review of primary facts.
 7 February 1997
Chitengi v Attorney General (SCZ Appeal 41 of 1995) [1997] ZMSC 51 (7 February 1997)
Where nationality is disputed, documentary registration particulars and credible local evidence can outweigh an appellant’s contrary testimony, permitting lawful deportation.
Immigration law — Citizenship by descent — Proof of nationality — Weight of registration particulars and witness credibility — Deportation and detention under Immigration and Deportation Act s.26(2) — Presidential grant of citizenship (Citizenship Act s.13(1)).
 7 February 1997
Gondwe v BP Zambia Limited (S.C.Z. Judgment 1 of 1997) [1997] ZMSC 7 (2 February 1997)
Payment in lieu of notice lawfully terminates a fixed-term employment; damages measured by reasonable notice (six months), not full unexpired term.
Labour law – termination of fixed-term employment – payment in lieu of notice lawful where no express termination clause – measure of damages is reasonable notice not unexpired contractual term – reasonable notice for senior director held to be six months.
 2 February 1997
Hastings Obrian Gondwe v BP Zambia Limited (S.C.Z. Judgment 1 of 1997) [1997] ZMSC 8 (2 February 1997)
Whether criminalising defamation of the President under s.69 infringes freedom of expression or constitutes unconstitutional discrimination.
Criminal defamation of the President – Freedom of expression (Article 20): permissible, limited restrictions – "Law" requirement, vagueness/overbreadth – Legitimate aims: protection of reputation and public order – Proportionality and reasonable justification in a democratic society – Non‑discrimination (Article 23): office‑based protection not covered by enumerated discriminatory grounds.
 2 February 1997