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Subordinate Court of Zambia - 2021

4 judgments
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4 judgments
October 2021
People v Christa Kalulu and Anor (25PA/056/2015) [2021] ZMSUB 3 (28 October 2021)
Whether failing to obtain a second ZPPA "no objection" after reevaluation constitutes willful procurement non-compliance.
  • Anti-Corruption Act s33(2)(b) — procurement — ZPPA Circular No.1 of 2011 — open bidding excluded from prior review — "no objection" relates to process not specific contractor — mens rea (willful) required — burden on prosecution to prove beyond reasonable doubt.
28 October 2021
People v Christa Kalulu and Anor (25PA/056/2015) [2021] ZMSUB 4 (28 October 2021)
Prosecution failed to prove a willful breach of procurement "no objection" requirements; accused acquitted.
  • Procurement law — Open bidding vs. review/no-objection requirement; ZPPA Circular No.1 (2011) — "no objection" to process not contractor-specific; Criminal mens rea — willful failure to comply; Burden of proof under Anti-Corruption Act s.33(2)(b).
28 October 2021
September 2021
Mubanga v Chisenga (11 of 2021) [2021] ZMSUB 1 (23 September 2021)
Petitioner failed to prove alleged vote buying, bribery and threats; election petition dismissed and election upheld.
  • Election law — Electoral Process Act s.97(2)(a) — Allegations of vote buying, bribery and QUAC threats — Burden and heightened standard of proof in election petitions — Requirement that malpractice be widespread to affect majority — Evaluation of witness credibility and hearsay.
23 September 2021
The People v Chishimba Kambwili and Ors (SSPB/045/2018) [2021] ZMSUB 2 (9 September 2021)
Alleged forged tax clearance and proceeds-of-crime suspicions not proved; all accused acquitted.
  • Criminal law — making and uttering false documents — tax clearance certificates — authority and procedural irregularities at revenue office — obtaining pecuniary advantage by false pretences — proceeds of crime — reasonable suspicion — burden of proof — acquittal.
9 September 2021