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Supreme Court of Zambia - 2009 April

2 judgments
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2 judgments
April 2009
Sata v Banda and Ors (SCZ EP 1 of 2009) [2009] ZMSC 158 (28 April 2009)
Withdrawal of a presidential election petition resulted in petitioner bearing 1st respondent’s costs; other parties to bear their own costs.
  • Electoral law — Presidential election petition — Withdrawal/abandonment midstream — Costs — Non-frivolous constitutional election challenges ordinarily merit each party bearing own costs, but abandonment after incurring a particular respondent’s expenses may justify costs against the petitioner — Section 99(4) Electoral Act discretion on costs.
28 April 2009
Sakala and Anor v People (SCZ Judgment 11 of 2009) [2009] ZMSC 174 (8 April 2009)
Circumstantial electronic evidence and reliable parade identification upheld convictions and 20-year sentences for aggravated robbery.
  • Criminal law — aggravated robbery — circumstantial evidence — electronic records tracing a stolen Celtel scratch card to a SIM recovered from accused; identification evidence — reliability of parade identification after prolonged exposure; association/‘odd coincidences’ as cumulative proof; sentencing discretion and appropriateness of 20 years' imprisonment.
8 April 2009