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Subordinate Court of Zambia - 2024 May

3 judgments
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3 judgments
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