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Supreme Court of Zambia - 2019 April

5 judgments
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5 judgments
Citation
Judgment date
April 2019
Camfed Zambia v Sichingabula (44 of 2016; SCZ 8 111 of 2016) [2019] ZMSC 239 (18 April 2019)
Dismissal upheld where employee refused to attend disciplinary hearings and procedural flaws were not sufficiently gross to invalidate dismissal.
Employment law – wrongful dismissal – disciplinary procedure – right to be heard – employee refusal to attend disciplinary hearing – ACAS guidance – procedural irregularities not automatically fatal – appeal routes and apparent bias.
 18 April 2019
Derrik Lukonde Chileshe & Others v The Attorney General (137 of 2015; SCZ 105 of 2016) [2019] ZMSC 238 (18 April 2019)
A court cannot compel the respondent to sell institutional government houses to sitting tenants when those houses are not for sale.
Civil service home ownership; Institutional houses; Circular No.12 of 1996 clause 1.2; Ancillary use to institution; No court power to compel sale; Discrimination allegation; Factual findings not perverse.
 18 April 2019
Celtel Zambia Ltd (T/A Zain Zambia) v Zambia Revenue Authority (Appeal 94 of 2011) [2019] ZMSC 365 (10 April 2019)
Whether a defective schedule invalidated excise on airtime, and whether wrongful excise on data should be refunded or escheat to the State.
Tax law — Customs & Excise — Validity and effect of schedules lacking express inducing sections — Excise on telecommunications services — valuation of airtime — consumption tax borne by consumers — distributor discounts as distribution costs — treatment of erroneously collected tax (escheat).
 10 April 2019
Cosmos Mukuka (sued in his capacity as Secretary General of Zambia Congress of Trade Unions ) v Mwanza (suing in his capacity as as General Secretary of TheUniversity of Zambia Lecturers And Researchers Union) (Appeal 99 of 2016) [2019] ZMSC 278 (10 April 2019)
10 April 2019
Kalulushi Municipal Council v Lunga Resources Ltd (Appeal 22 of 2018) [2019] ZMSC 295 (1 April 2019)
Whether unlawful development by an occupier defeats an interlocutory injunction protecting occupation rights.
Interlocutory injunction — requirement of clear right, irreparable injury and balance of convenience — applicant's conduct (clean hands) — unlawful development under planning law — Urban and Regional Planning Act s.71 — injunction conditioned on compliance with development laws — competing lease and memorandum of understanding.
 1 April 2019