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Supreme Court of Zambia - 1997 July

5 judgments
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5 judgments
Citation
Judgment date
July 1997
Lewanika and Ors v Chiluba (SCZ EP 3 of 1996) [1997] ZMSC 56 (23 July 1997)
Court may order blood/DNA tests to determine paternity relevant to presidential qualification, applying English law where Zambian law is silent.
Constitutional law – presidential eligibility – parentage; Applicability of English law via High Court Act s.10 in default of local law; Family Law Reform Act 1969 (s.20, s.21) and Order 112 – power to direct blood/DNA tests; consent is for giving effect to direction, not a precondition; power to join non‑party for testing.
 23 July 1997
Sikaonga v People (Appeal 22 of 1996) [1997] ZMSC 57 (15 July 1997)
Whether the appellant was a juvenile at the time of the murder affecting confirmation of the death sentence.
Criminal law – Murder (s.200 Penal Code) – Death penalty – Juvenile status and age assessment by medical report – Killing in course of felony – Absence of extenuating circumstances.
 15 July 1997
Mike Musonda Kabwe v B.P Zambia Ltd (SCZ 10 of 1997) [1997] ZMSC 36 (14 July 1997)
An employer’s unilateral reduction of a basic employment term without consent terminates the contract and entitles the employee to redundancy benefits.
Employment law — Unilateral variation of basic terms — Effect of employer reducing salary without employee consent — termination and redundancy entitlement; Calculation of terminal benefits on pre-variation terms; Company car sale under conditions of service; BP Africa bonus payable pro rata.
 14 July 1997
Kabwe v BP Zambia Limited (S.C.Z. Judgment 10 of 1997) [1997] ZMSC 25 (13 July 1997)
Failure to follow disciplinary code and withhold key evidence rendered the dismissal wrongful; reinstatement remains an exceptional remedy.
Employment law – disciplinary procedure – wrongful dismissal – failure to follow disciplinary code and to produce material evidence – fairness of hearing – reinstatement as exceptional remedy.
 13 July 1997
Mwiinga v National Agriculture Marketing Board (SCZ Appeal 101 of 1995) [1997] ZMSC 38 (11 July 1997)
Appeal dismissed: no evidence of discriminatory downgrading and premature retirement issue cannot be reconsidered on appeal.
Employment law — grading of appointment — alleged incorrect grade and claimed entitlement to higher scale; discrimination on social status — requirement of evidential proof; premature retirement — issue struck out below cannot be reopened on appeal; acceptance of offer and terms of appointment.
 11 July 1997