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Supreme Court of Zambia - 2009 July

3 judgments
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3 judgments
Citation
Judgment date
July 2009
Chungu v People (SCZ Judgment 18 of 2009) [2009] ZMSC 175 (16 July 2009)
Supreme Court has no jurisdiction to grant bail pending trial absent a pending appeal and prior High Court refusal under s.336.
Criminal procedure – Bail pending appeal – Section 22(1) Supreme Court Act – Requires prior High Court refusal under s.336 and a pending appeal; Supreme Court lacks jurisdiction to grant bail pending trial absent these conditions.
 16 July 2009
People v Principal Resident Magistrate and Anor (SCZ 8 93 of 2009; SCZ Judgment 17 of 2009) [2009] ZMSC 169 (9 July 2009)
Judicial review is inappropriate for a magistrate’s prima facie ‘case to answer’ finding; appeal lies after conviction.
Criminal procedure – Section 206 Criminal Procedure Code – ‘prima facie’/case to answer – Magistrates not obliged to give reasons for finding a case to answer – Judicial review v. appeal – Interlocutory appeals in criminal matters – Procedure for leave to apply for judicial review (Order 53/English practice).
 9 July 2009
Mwape v Zambia Airways Ltd (in Liquidation) (Appeal 48 of 1999) [2009] ZMSC 5 (2 July 2009)
Rule 78 correction deletes reference to withdrawn grounds; substituted grounds supported by written heads; dismissal affirmed.
Procedure – Rule 78 correction of judgment; Appeal – substitution of grounds supported by written heads; Findings of fact – limited appellate interference (Attorney General v Achiume); Employment discipline – entitlement to be heard where suspension letter and charge substantially align.
 2 July 2009