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Supreme Court of Zambia - 2010 November

3 judgments
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3 judgments
November 2010
Mutakwa v ZESCO Ltd (Appeal 166 of 2008) [2010] ZMSC 8 (12 November 2010)
Substituting a closely related offence did not breach natural justice; evidence supported lawful dismissal of the applicant.
  • Employment law — unfair dismissal — substitution of charges — natural justice — misappropriation of funds v gross negligence — similar ingredients — disciplinary fairness — employer entitled to dismiss dishonest employee.
12 November 2010
Bwalya v People (SCZ Judgement 29 of 2010) [2010] ZMSC 13 (2 November 2010)
Murder conviction upheld; death sentence set aside and reduced to 15 years’ imprisonment due to belief in witchcraft as an extenuating factor.
  • Criminal law — Murder — Eyewitness credibility; Confession evidence — oral confession and failure to produce written statement; Dereliction of duty — failure to produce document; Sentencing — belief in witchcraft as extenuating circumstance reducing death sentence to fixed term imprisonment.
2 November 2010
Ngosa v People (SCZ Judgement 30 of 2010) [2010] ZMSC 12 (2 November 2010)
Overwhelming circumstantial evidence and recent possession can sustain murder and aggravated robbery convictions even if a contested confession is excluded.
  • Criminal law — Murder and aggravated robbery — Circumstantial evidence — Doctrine of recent possession — Confession/admissibility — Language dispute as general issue (no trial-within-a-trial required) — Conviction sustainable even without disputed confession.
2 November 2010