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Supreme Court of Zambia - 2004 July

3 judgments
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3 judgments
July 2004
Emmanuel Mumba Chishimikwa v Times Newspaper Limited and Anor (SCZ Appeal No. 102/203) [2004] ZMSC 135 (16 July 2004)
Use of "fired" not defamatory where suspension and Board concerns made the report true in substance and in public interest.
  • Defamation — whether an article stating a public official was "fired" is libellous where he was suspended but later reinstated; justification (truth in substance), public interest defence, and appellate review of factual findings.
16 July 2004
Irene Chinjavata v The Administrator-General (SCZ No. 20/2004) [2004] ZMSC 150 (16 July 2004)
Beneficiary entitled to realistic assessment of unpaid Kwacha sale proceeds; foreign-currency reconversion disallowed.
  • Administration of estates — duty to account — measure of damages for unpaid Kwacha proceeds — impermissibility of foreign-currency reconversion of Kwacha transactions — assessment by valuer and interest to reflect devaluation.
16 July 2004
Zambia Consolidated Copper Mines v Siame and Ors (SCZ 21 of 2004) [2004] ZMSC 96 (1 July 2004)
Procedural time‑limit amendments do not oust the Industrial Relations Court’s discretion to allow late complaints; Section 85(6) covers IR Court decisions only.
  • Industrial Relations Act—Section 85(6) limited to Industrial Relations Court decisions; procedural time limits (Section 85(3)/Section 69)—retrospective application to procedure; court’s discretion to allow late filing; limitation and accrued rights.
1 July 2004