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Supreme Court of Zambia - 2006 April

3 judgments
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3 judgments
April 2006
The Anti-Corruption Commission v Ng'ona Mwelwa Chibesakunda (Appeal No. 99/2003) [2006] ZMSC 58 (12 April 2006)
Section 24 Restriction Notices need not name the specific offence and do not require a prior hearing; appeal allowed.
  • Anti-Corruption Act s24 — Restriction notices — No requirement to specify exact offence — Investigatory, not administrative, function — Audi alteram partem not required pre-issuance — Right to challenge under s24(5) — Section 24(3) duration/cancellation.
12 April 2006
John Ezekiel Mumba v The People (SCZ 23 of 2006) [2006] ZMSC 21 (4 April 2006)
A court martial including an investigating officer and a non-military public prosecutor is irregular and its convictions are null; co-accused death does not abate charges.
  • Defence/Service law — constitution of court martial — Section 89(2) Defence Act (investigating officers not to sit) — Section 88 membership requirements — ineligibility of civilian public prosecutor to sit — irregular court martial/nullity; Criminal procedure — effect of death of co-accused after close of prosecution case — charges do not "abate"; trial court must determine culpability as if deceased remained silent.
4 April 2006
Nixon Chinkubula v People (Appeal 11 of 2005) [2006] ZMSC 3 (4 April 2006)
Conviction based on a single, parade-driven identification using a unique physical feature was unsafe.
  • Criminal law — Identification evidence — Single identifying witness — Fairness of identification parade — Unreliable corroboration — Unsafe conviction.
4 April 2006