Supreme Court of Zambia - 2023 September

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1 judgment

Citation	Judgment date
September 2023
Katontoka (Suing on his own behalf and The Executive Director of the Mental Health Users Network of Zambia) v Waliuya (Suing on his own behalf and the Executive Director of Disability Rights Watch) (Appeal No. 01 of 2023) [2023] ZMSC 16 (25 September 2023) Section 4 of the Mental Health Act affirms legal capacity subject to safeguards; appellants failed to prove constitutional infringement. Constitutional law — Mental Health Act Section 4 — legal capacity vs mental capacity; supported decision-making; role of UN Resolution 46/119 and CRPD in statutory interpretation; procedural safeguards for court-appointed supporters; inadequacy of class action pleadings.	25 September 2023

Citation

Judgment date

September 2023

Katontoka (Suing on his own behalf and The Executive Director of the Mental Health Users Network of Zambia) v Waliuya (Suing on his own behalf and the Executive Director of Disability Rights Watch) (Appeal No. 01 of 2023) [2023] ZMSC 16 (25 September 2023)

Section 4 of the Mental Health Act affirms legal capacity subject to safeguards; appellants failed to prove constitutional infringement.

Constitutional law — Mental Health Act Section 4 — legal capacity vs mental capacity; supported decision-making; role of UN Resolution 46/119 and CRPD in statutory interpretation; procedural safeguards for court-appointed supporters; inadequacy of class action pleadings.

25 September 2023

Supreme Court of Zambia - 2023 September

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