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Supreme Court of Zambia - 2023 September

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1 judgment
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