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Supreme Court of Zambia - 2025 October

3 judgments
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3 judgments
October 2025
Hambani Ngwenya and Anor v Lubambe Copper Mine Limited (SCZ/7/15/2025) [2025] ZMSC 31 (28 October 2025)
Whether discrimination and equal-pay claims under Employment Code s.5 are arbitrable and whether tribunals may compare non-parties' contracts.
  • Arbitration — Arbitrability of employment discrimination claims under Employment Code s.5 — Overlap of civil remedies and statutory offences — Public policy and jurisdiction of arbitral tribunals — Use of non-parties' employment contracts in arbitration.
28 October 2025
Konkola Copper Mines Plc v The Attorney General and Ors (APPEAL NO. 09/2024) [2025] ZMSC 28 (27 October 2025)
Court refused to admit fresh Cadastre evidence, finding it previously available and irrelevant to the procedural appeal issue.
  • Civil procedure — Admission of fresh evidence on appeal — section 25(1)(b)(i) Supreme Court of Zambia Act; Ladd v Marshall test; Order 59 r.10(18) (White Book) for post-trial evidence; relevance and availability of Cadastre documents; procedural challenge to issuance of mining licence (writ of trespass v appeal under s.97(1) Mines and Minerals Development Act; evidence of licence termination/expiry.
27 October 2025
Jonathan Van Blerk v The Attorney General and Ors (SCZ NO. SCZ/07/27/2024) [2025] ZMSC 27 (2 October 2025)
Leave to appeal granted where appeal raises a novel, public-importance question on eminent domain and allocation to private parties.
  • Appellate procedure — Leave to appeal under s.13 Court of Appeal Act — Character of appeal vs. grounds — Public importance — Novel question whether exercise of eminent domain for public purpose may be repurposed and allocated to private entities — Prima facie prospects of success — Costs awarded.
2 October 2025