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Supreme Court of Zambia - 2024 March

2 judgments
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2 judgments
March 2024
Kausa Mwachindalo and Anor v Mathews Musona and Ors (APPEAL NO. 1/2021) [2024] ZMSC 1 (20 March 2024)
Whether Bundabunda chieftaincy is rotational and whether the Kashimbi lineage is entitled to the next succession.
  • Customary law — chieftaincy succession — rotation among matrilineal lineages; probative weight of family trees and contemporaneous joint reports; admissibility and weight of oral/traditional evidence (shrine clay pots); appellate interference with trial findings of fact where documentary inconsistencies and absence of verification exist.
20 March 2024
George Banda v The People (APPEAL NO. 51/2022) [2024] ZMSC 22 (6 March 2024)
Evidence of telephone confirmations and corroborating call-back stamps upheld a court-martial conviction despite a harmless misdirection about producing signature comparisons.
  • Criminal law — Courts-martial appeal — Defence Act s.138 — proof of handwriting/signature by witness confirmation and corroborative documentary evidence; burden of proof — misdirection harmless where independent evidence supports conviction; disclosure obligations — prosecution not required to produce comparative signatures when accused effectively admits or confirms authorship; procedural irregularity — failure to deliberate in private requires shown prejudice.
6 March 2024