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Subordinate Court of Zambia

106 judgments
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106 judgments
November 2012
The People v Able Katongo and Ors (2SP-F-146-2009) [2012] ZMSUB 1 (1 November 2012)
Whether post-qualification procurement action, supported by an insurer’s bond, constituted criminal theft or money laundering.
  • Criminal law — theft by public servant; procurement law — post-qualification evaluation and addendum requirements; evidential burden — intent to permanently deprive; money laundering dependent on predicate offence; issuing cheques — requirement of intent to defraud; adverse inference where prosecution withholds material documents (MTC minutes).
1 November 2012
March 2009
The People v Lt General Geojago Robert Chaswe Musengule and Anor (SPB/120/2004) [2009] ZMSUB 1 (2 March 2009)
Court convicted the first and second accused for abuse of office and corrupt practices under the Anti‑Corruption Act.
  • Anti‑Corruption Act — abuse of office (s37(2)(a)) — corrupt practices (ss29(1),29(2)) — presumption under s49(2) — admissibility/weight of foreign invoices and bank transfer records — failure to follow public procurement/tender procedures — indirect benefit through third party (property acquisition).
2 March 2009
April 1968
City Council of Ndola V Colcom Co-operative (Zambia) Limited (182 of 1968) [1968] ZMSUB 1 (11 April 1968)
Delivery to an independent carrier prima facie transfers property to the buyer; prosecution failed to prove unwholesome goods at sale.
  • Sale of Goods Act s.18 — Delivery to carrier prima facie delivery to buyer; carrier neither party’s agent presumed agent of buyer; property passes on delivery to carrier; burden on prosecution to prove goods unwholesome at time of sale.
11 April 1968
October 1967
People v Makhokha (173 of 1967) [1967] ZMSUB 1 (24 October 1967)
Distinct Customs offences should not be combined; uncautioned routine customs questions admissible absent reasonable suspicion.
  • Customs law — smuggling (s.164) and failure to produce customs documents (s.47) are distinct offences; duplicity in charging; admissibility of uncautioned statements by customs officers where no reasonable suspicion existed; burden of proof in exportation cases; circumstantial evidence and drawing inferences.
24 October 1967
August 1965
Heuff v Mbewe (111 of 1965) [1965] ZMSUB 1 (18 August 1965)
A Minister’s properly supported State privilege claim may bar production of official documents, and limited circulation does not destroy that privilege.
  • Evidence — State (Crown) privilege for official documents; Minister's affidavit and personal inspection; court may inspect documents in camera and may override claim in rare cases; limited circulation does not necessarily destroy privilege; secondary evidence excluded if privilege upheld; public interest (candour in ministerial communications) vs interests of justice.
18 August 1965
Heuff v Mbewe (ZR 111 (SC)) [1965] ZMSUB 2 (17 August 1965)
Court upheld State privilege for official conciliation-related documents, allowing inspection but deferring to the Minister if doubt exists.
  • State privilege — ministerial affidavit and class description — court inspection of documents — balancing public interest and justice — candour in industrial conciliation communications — limited circulation does not destroy privilege — secondary evidence inadmissible.
17 August 1965