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Supreme Court of Zambia - 2009 March

4 judgments
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4 judgments
March 2009
Lwali and Ors v Mumbi (SCZ 7 of 2009) [2009] ZMSC 161 (31 March 2009)
Whether MPs’ statutory right to participate in a constitution‑making conference merits injunctive protection against party expulsion.
  • Constitutional law — National Constitutional Conference Act s.4 — statutory membership of MPs — Attorney‑General intervention on public interest — interlocutory injunctions; adequacy of damages vs public statutory compliance.
31 March 2009
Francis Mulenga and Ors v Local Authorities Superannuation Fund and Anor (Appeal No. 67 of 2007) [2009] ZMSC 180 (24 March 2009)
Whether the pension fund lawfully deducted employer-requested overpayments and whether counsel may be personally ordered to pay costs.
  • Superannuation fund deductions — Section 45(2) Local Authorities Superannuation Fund Act — employer's request need not be in writing — recovery of over-payments — factual finding of indebtedness — personal costs order against counsel for failure to advise.
24 March 2009
Sata v Banda and Ors (SCZ EP 1 of 2008) [2009] ZMSC 159 (11 March 2009)
Interlocutory recounts require cogent, uncontested evidence; contested affidavits and legality challenges do not justify an immediate recount.
  • Presidential election petition — application for recount — recount is interlocutory and not automatic — requires cogent evidence — contested affidavits insufficient — non‑compliance with Electoral Act (legality/validity) not a proper basis for recount.
11 March 2009
Sibale v People (SCZ 4 of 2009) [2009] ZMSC 164 (5 March 2009)
Conviction quashed for denial of counsel, refusal to call a defence witness and improper shifting of the burden of proof.
  • Criminal procedure — right to fair trial — Article 18(1), (2)(c)–(d) — denial of legal representation and preparation — refusal to call defence witness — improper shifting of burden of proof — miscarriage of justice — conviction quashed and accused acquitted.
5 March 2009