Supreme Court of Zambia - 2025 April

4 judgments
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Results. 4 judgments found.

4 judgments
April 2025
Leave granted to appeal to clarify section 55 Employment Code and whether redundancy damages are based on gross/basic or net pay.
  • Employment law — redundancy — interpretation of section 55 Employment Code — measure of damages for unlawful termination — severance pay: basic (gross) v net salary — leave to appeal for issues of public importance.
29 April 2025
Irregular transfer of a constitutional petition to another division without lawful order renders proceedings a nullity.
  • Constitutional jurisdiction — Part III (Article 28) petitions — transfer of causes between judges — Section 23 High Court Act — requirement of formal transfer order — irregular transfer renders proceedings a nullity — preservation of petition character when reallocated — Economic and Financial Crimes Division jurisdiction.
17 April 2025
Whether a civil appellate finding or a previous nolle prosequi bars subsequent criminal prosecution arising from the same facts.
  • Judicial review appeals — procedural requirements for appeals — applicability of English RSC provisions versus domestic Supreme Court Rules; nolle prosequi and section 81(1) CPC — effect on subsequent prosecutions; res judicata/issue estoppel — limits of civil judgments to bar criminal proceedings; distinction between civil and criminal standards of proof.
8 April 2025
Leave granted to determine whether the regulator had authority under the repealed Securities Act to authorise mergers and charge fees.
  • Securities law — Authority to authorise mergers and takeovers under repealed Securities Act Cap. 354 — Lawfulness of charging authorisation fees — Point of law of public importance (s.13 Court of Appeal Act) — Effect of statutory repeal on justiciability.
3 April 2025