Skip to document content Skip to main menu Skip to search

Supreme Court of Zambia - 1997 February

4 judgments
Advanced search
Skip past Court registries
Skip past years
Skip past months
Filters
Skip to results
4 judgments
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 assessed by reasonable notice (six months here).
  • Labour law — Termination of employment — Fixed-term contracts — Payment in lieu of notice validly terminates contract where no express termination clause; damages measured by reasonable notice (six months here) — Discrimination under s.108 not established — Statutory meeting irregularity did not render termination unlawful where pay in lieu effected termination
2 February 1997
Hastings Obrian Gondwe v BP Zambia Limited (S.C.Z. Judgment 1 of 1997) [1997] ZMSC 8 (2 February 1997)
Criminal defamation of the President under s.69 held compatible with freedom of expression and non-discriminatory.
  • Constitutional law — Criminal defamation of Head of State — Validity of s.69 Penal Code vis-à-vis Article 20 (freedom of expression) and Article 23 (non-discrimination); overbreadth/vagueness, proportionality and "law" requirement
2 February 1997