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Subordinate Court of Zambia - 2026

7 judgments
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7 judgments
May 2026
The People v Muyunda Nyambe (2SPN/160/24) [2026] ZMSUB 7 (28 May 2026)
The accused person used public office to secure his sister's appointment—convicted of abuse, forgery and uttering; acquitted on one count.
  • Anti‑corruption law — Abuse of authority — Use of public office to obtain advantage for a relative — Anti‑Corruption Act s21(1)(b) and s21(2)
  • Criminal law
    • — Forgery — Making a false document with intent to deceive — Penal Code s342/s347
    • — Uttering false documents — Use, dealing with and inducing action upon false documents — Penal Code s4/s352
28 May 2026
The People v Michael Siliya Tembo (1SPD/004/25) [2026] ZMSUB 6 (13 May 2026)
Whether the prosecution proved the accused was entrusted with K1,800,000 and intended to permanently deprive the owner.
  • Criminal Law
    • — Theft by Agent — Agency and Entrustment — Proof of Agency and Entrustment under Penal Code ss.272, 280(b)
    • — Theft — Mens Rea and Actus Reus — Requirement to Prove Intent to Permanently Deprive Beyond Reasonable Doubt
13 May 2026
April 2026
The People v Francis Chisala (W0/73/25) [2026] ZMSUB 5 (20 April 2026)
Accused’s no‑case submission dismissed; prosecution proved prima facie corruption charge and accused placed on defence.
  • Criminal law — Corruption — Prima facie proof and corroboration under Anti‑Corruption Act s6(3) — Application of Japau/Galbraith tests
  • Criminal procedure — No‑case submission — Whether prosecution evidence is so weak or unreliable that the case must be stopped — Criminal Procedure Code s207
20 April 2026
February 2026
The People v Monde Simalumba and Anor (SSY/06/22) [2026] ZMSUB 4 (26 February 2026)
Owner convicted for selling a restricted vehicle without ACC consent; alleged agent acquitted for lack of notice knowledge.
  • Anti‑corruption law — Section 61(1) and (5) — restriction notices as asset‑freezing tools — service and knowledge of notice — disposal without DG consent — burden of proof beyond reasonable doubt — third party/agent liability
26 February 2026
The People v Veronica Mubanga (W0/75/202) [2026] ZMSUB 3 (20 February 2026)
Prosecution established a prima facie Anti‑Corruption Act case; the accused was placed on her defence under section 207 CPC.
  • Criminal procedure — no‑case‑to‑answer / prima facie test (s206, s207 CPC); Anti‑Corruption Act — wilful failure to follow laid down procedure; evidentiary threshold at close of prosecution case; court not to decide credibility or proof beyond reasonable doubt at this stage.
20 February 2026
The People v Constance Nalishebo Muleabai (SC/FC/02/25) [2026] ZMSUB 1 (2 February 2026)
Accused acquitted on two corruption counts because prosecution failed to prove the alleged donor identified in the indictment.
  • Anti‑corruption — Corrupt practices with a private body — solicitation and receipt of cash gratification — digital forensic WhatsApp evidence and bank records — corroboration of an intermediary witness — failure to prove identity of alleged donor as charged.
2 February 2026
January 2026
The People v Gardner Syakantu and Ors (CRMP/014/23) [2026] ZMSUB 2 (21 January 2026)
Late subpoena application refused for non-compliance with Rule 7's 14-day disclosure requirement; pre-defence conference ordered.
  • Criminal procedure — subpoena duces tecum (s.143 CPC) — Economic and Financial Crimes Court Rules — Rule 7(1) 14‑day disclosure deadline — judicial discretion to extend time — strict adherence to expedited procedure.
21 January 2026