Supreme Court of Zambia - 2014 February

16 judgments

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16 judgments
Citation
Judgment date
February 2014
Members of a contributory pension scheme are entitled to an accounting of accrued contributions; penal interest is unlawful and substituted.
Pension law – contributory occupational pension scheme – members’ and employer’s contributions belong to members – entitlement to account of accrued values at separation – single scheme with different fund managers – leaving service options (Rule 11) – penal interest unlawful; substituted interest award.
25 February 2014
Appeal allowed: midwife’s failure to secure emergency measures was negligent; dismissal and house withdrawal were lawful.
Employment law; medical negligence – duty of care of nurses/midwives; standard of care objective test; administrative policy versus clinical discretion; entitlement to government housing as incident of employment and withdrawal of allocation prior to acceptance.
18 February 2014
Unilateral repeal of ex-gratia entitlement cannot retrospectively deprive pre-existing employees of an accrued right without their consent.
Employment law – accrued rights – unilateral variation of terms – ex-gratia payment under Conditions of Service – retrospective application and employee consent.
17 February 2014
13 February 2014
12 February 2014
11 February 2014
11 February 2014
11 February 2014
10 February 2014
10 February 2014
10 February 2014
Omission to warn about relatives' false implication not fatal where unchallenged conduct corroborated appellant's guilt.
Criminal law – murder; identification evidence – courtroom recognition vs identification parade; danger of false implication by relatives; corroboration by appellant’s conduct on apprehension ('something more').
3 February 2014
A dream-based belief in witchcraft, without corroboration, does not qualify as an extenuating circumstance to avoid the death sentence.
Criminal law – Murder – Extenuating circumstances – Allegation of witchcraft and dreaming – Whether dreaming and waking unwell amount to mitigation – Section 201 Penal Code – Fact-specific inquiry required.
3 February 2014
3 February 2014
3 February 2014
3 February 2014