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Supreme Court of Zambia - 2022 August

4 judgments
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4 judgments
August 2022
Luboni Simunga v the People (SCZ APPEAL NO. 117/2021) [2022] ZMSC 58 (31 August 2022)
Court upheld murder convictions, substituted death with 20 years due to mitigating postpartum psychosis; constitutional petition on MP exclusion dismissed.
  • Criminal law — Insanity defence (s.12 Penal Code) — onus on accused — psychiatric evidence must be cogent and explained — postpartum psychosis may mitigate though not meet legal insanity. Constitutional law — Article 73(4) — status of MP whose election nullified but appeal pending — MPs retain seats pending appeal; Speaker’s exclusion ruling rendered overtaken
31 August 2022
Zambian Breweries PLC v Maritime Freight and Forwarding Ltd (Appeal 16 of 2019) [2022] ZMSC 40 (30 August 2022)
Claim for unpaid BIT allowance failed largely for lack of documentary proof; only admitted amounts and certain awards survive.
  • Contract construction; BIT (broken and missing bottles) allowance — scope and monetary entitlement — authority of employee to vary contract — burden and standard of proof in liquidated money claims — requirement for documentary evidence — improper referral to assessment — costs allocation.
30 August 2022
Nsangu v Mumba (suing on behalf of the Kalindawalo Mndikula Royal Family) (SCZ 8 6 of 2022) [2022] ZMSC 41 (24 August 2022)
Applicant failed to show public importance or prospects of success; prior judgments made the claim res judicata and leave was refused.
  • Civil procedure — leave to appeal to Supreme Court (section 13 Court of Appeal Act) — threshold for certification — res judicata — Court of Appeal’s powers under section 24 to rehear and determine appeals on record — originating summons appropriate where no substantial dispute of fact — chieftaincy succession and recognition vs final judicial determinations.
24 August 2022
Teal Minerals Barbados Incorporated v Zambia Revenue Authority (Appeal 4 of 2022) [2022] ZMSC 39 (17 August 2022)
An offshore indirect transfer conferring control of a Zambian mining licence attracts property transfer tax; Commissioner-General may value consideration.
  • Property Transfer Tax — Offshore/indirect transfer of holding-company shares — Interest in mining right — Statutory interpretation — Commissioner-General's valuation discretion (s5(3)) — Legitimate expectation and power to amend assessment.
17 August 2022