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Supreme Court of Zambia - 2011 August

2 judgments
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2 judgments
August 2011
Ndovi v Post and Times (SCZ 8 of 2011) [2011] ZMSC 8 (26 August 2011)
Allegations that a retired civil servant met politicians were not defamatory; fair comment defence not established and appeal dismissed.
  • 'Defamation'—meaning; 'Fair comment'—requisites (opinion from facts, public interest, absence of malice); publication of party allegations vs. opinion; balanced reporting and duty to verify; freedom of expression (Article 20); apology/estoppel unnecessary where no defamation
26 August 2011
Nyambe v The People (SCZ 5 of 2011) [2011] ZMSC 5 (9 August 2011)
Conviction based on cogent circumstantial evidence of recent possession upheld; appellate court declines to summon additional witnesses.
  • Criminal law — Circumstantial evidence; recent possession of stolen property; inference of guilt; burden and credibility; duty to call witnesses; appellate power to call additional evidence (Rule 39)
9 August 2011