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Supreme Court of Zambia - 2009 June

4 judgments
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4 judgments
Citation
Judgment date
June 2009
Chilanga Cement Plc v Kasote Singogo (APPEAL NO. 27/2008; Supreme Court Judgment No. 13 of 2009) [2009] ZMSC 178 (12 June 2009)
Written-contract redundancy requires proper consultation and notice; payment in lieu does not excuse unlawful redundancy.
Redundancy law – application of statutory redundancy provisions to written versus oral contracts; contractual redundancy clauses and duty to consult and give notice – planning, selection and alternatives; constructive dismissal – definition and limits; damages for wrongful dismissal – measure and exceptional awards for distress; payment in lieu of notice not a substitute for redundancy consultation.
 12 June 2009
Chilanga Cement PLC v Singogo (SCZ 13 of 2009) [2009] ZMSC 148 (12 June 2009)
Employer’s bad-faith, procedurally defective redundancy rendered the respondent's termination wrongful; 24 months damages upheld.
Employment law — redundancy vs constructive dismissal; written contract incorporating redundancy safeguards — duty to consult and minimise impact; payment in lieu of notice not a substitute for redundancy procedure; wrongful dismissal where redundancy used in bad faith; damages for loss of employment and limits on awards for mental distress.
 12 June 2009
Chinyange Muyenga v People (APPEAL NO 153/2008; SCZ Judgment No. 14 of 2009) [2009] ZMSC 179 (4 June 2009)
An appellant who, as a wrongdoer, fires at law‑enforcement cannot successfully claim self‑defence or avoid malice aforethought.
Criminal law — Murder — Malice aforethought; Self‑defence — availability where appellant provoked the confrontation; Defendant a poacher who fired at law‑enforcement; Extenuating circumstances — s.201(2) Penal Code — not established.
 4 June 2009
Sichone v The People (Appeal 166 of 2008) [2009] ZMSC 4 (4 June 2009)
Court reduced an excessive 15-year sentence for a first-time miraa trafficker to five years; deportation order upheld.
Narcotic Drugs and Psychotropic Substances Act — sentencing — first offender entitled to leniency absent aggravating factors; Section 6 (maximum penalty), Section 44 (minimum for subsequent offences) — reduction of excessive sentence; deportation order remains enforceable.
 4 June 2009