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Judgments
Subordinate Court of Zambia
Subordinate Court of Zambia - 2024 May
3 judgments
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Hon. D. Chibwili Chief Resident Magistrate
Hon. Mondoka
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Corruption, Fraud and Illicit Money Flows
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3 judgments
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Judgment date
May 2024
Nelson Sikasote v Lewis Chisha Sukazwe (2024/SID/004) [2024] ZMSUB 6 (16 May 2024)
A plaintiff’s defamation claim based on a police report was dismissed as lacking required seriousness and constituting an abuse of process.
Defamation – accusation to police – public interest and threshold of seriousness – reasonable publication – abuse of process – reporting suspected crime as justification/privilege.
16 May 2024
The People v Gardner Syakantu and Ors (CRMP/014/23) [2024] ZMSUB 16 (15 May 2024)
A witness statement does not replace oral examination in chief; it is a disclosure tool and may assist cross-examination.
Criminal procedure – witness statements – not standalone evidence – examination-in-chief under Criminal Procedure Code remains required – Statutory Instrument No.10 of 2024 cannot displace primary legislation – disclosure and cross-examination – Simon Miyoba v The People.
15 May 2024
The People v Gardner Syakantu and Ors (CRMP/014/23) [2024] ZMSUB 18 (3 May 2024)
Court held EFCC Division rules apply to pending cases and dismissed the jurisdictional challenge as unmeritorious.
Criminal procedure — jurisdiction of Economic and Financial Crimes Division — SI No.10/2024 (E&F Crimes Rules) — Rule 17 retrospective application to pending proceedings — cause-listing by National Prosecution Authority — disclosure and fair trial — procedural challenge inappropriate to delay proceedings.
3 May 2024
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