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- Supreme Court of Zambia (4)
- Zambia. Court of Appeal (4)
- Commercial arbitration (3)
- Konkola Copper Mines Plc (3)
- ZCCM Investment Holdings Plc (3)
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- Zambia. Constitutional Court (3)
- CAZ/08/249/2019 (2)
- Law Association of Zambia (2)
- Vedanta Resources Holdings Limited (2)
- Zambia. High Court (2)
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- 10 NWLR (Pt. 1043) 521 (1)
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- 2019/CCZ/0013/0014 (1)
- 2019/HP/0761 (1)
- 2020 (1) NR 86 (SC) (1)
- Abedinego Kapeshi (1)
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- Augustine Nweke (1)
- Best Kanyakula (1)
- Breach of contract of employment (1)
- CAZ Appeal No. 66/2019 (1)
- Chapter One Foundation Limited (1)
- Chishimba Kambwili (1)
- Constitutional Court of Zambia (1)
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- Daniel Mwale (1)
- Daniel Pule (1)
- E. Clive Chirwa (1)
- Edgar Chagwa Lungu (1)
Articles 1 - 27 of 27
Full-Text Articles in Law
Vol. 3, Issue 2 Table Of Contents
Phinate Chona V Zesco Limited Caz Appeal No. 66/2019, Chanda Chungu
Phinate Chona V Zesco Limited Caz Appeal No. 66/2019, Chanda Chungu
SAIPAR Case Review
No abstract provided.
Kelvin Hangandu V Law Association Of Zambia Scz Judgment No. 36 Of 2014, O'Brien Kaaba, Judith Kamoko
Kelvin Hangandu V Law Association Of Zambia Scz Judgment No. 36 Of 2014, O'Brien Kaaba, Judith Kamoko
SAIPAR Case Review
The appellant, Kelvin Hang’andu, had been a member of the Law Association of Zambia (LAZ) since 15 November, 1996, when he was admitted to the Bar. On 24 May 2003, he converted from the Catholic Church to the Seventh Day Adventist (SDA) Church, which considers Saturday as a sacred day set aside for worship and complete abstention from work and other activities unrelated to religious practice. The essence of the appellant’s complaint was that the LAZ held its annual general meetings on Saturday, which was a violation of his religious freedom and discriminatory. His protests to the LAZ yielded no …
Prof. E. Clive Chirwa V Zambia Railway & Another (2018/Hp/0578), Kayula James
Prof. E. Clive Chirwa V Zambia Railway & Another (2018/Hp/0578), Kayula James
SAIPAR Case Review
No abstract provided.
Savenda Management Services Limited V Stanbic Bank Zambia Limited & Gregory Chifire (Alleged Contemnor) (Appeal No. 37/2017) [2018] Zmsc 11, Mwami Kabwabwa
Savenda Management Services Limited V Stanbic Bank Zambia Limited & Gregory Chifire (Alleged Contemnor) (Appeal No. 37/2017) [2018] Zmsc 11, Mwami Kabwabwa
SAIPAR Case Review
Adjudicators have a social responsibility. When the Judiciary/judges carry out their constitutional mandate of dispensing justice it is critical to bear in mind that judges carry a level of responsibility for the impact that their decisions have on society. For this reason, judges ought to be held responsible for every judgment they render either good or bad. Contempt is an exceedingly powerful instrument in the hands of the courts to tame the conduct and behaviour of lawyers and lay people who come into contact with judicial authority. Like any other power, the exercise of contempt power has to be checked. …
Vedanta Resources Holding Limited V Zccm Investment Holdings Plc And Konkola Copper Mines Plc Caz 08/249/2019, Muna B. Ndulo
Vedanta Resources Holding Limited V Zccm Investment Holdings Plc And Konkola Copper Mines Plc Caz 08/249/2019, Muna B. Ndulo
SAIPAR Case Review
No abstract provided.
Okiya Omtatah Okoiti & 2 Others V Attorney General & 4 Others [2020] Eklr Civil Appeal No 13 & 10 Of 2015, Teddy J.O. Musiga
Okiya Omtatah Okoiti & 2 Others V Attorney General & 4 Others [2020] Eklr Civil Appeal No 13 & 10 Of 2015, Teddy J.O. Musiga
SAIPAR Case Review
Kenya’s Court of Appeal delivered the decision in Okiya Omtata Okoiti & 2 Others v Attorney General & 4 others on the 19th of June, 2020. This decision was an appeal arising from the High Court and it revolved around a dispute regarding the construction of the standard gauge railway in Kenya.
Editor's Note, O'Brien Kaaba
Public Protector V South African Reserve Bank 2019 (6) Sa 253 (Cc), Dunia P. Zongwe
Public Protector V South African Reserve Bank 2019 (6) Sa 253 (Cc), Dunia P. Zongwe
SAIPAR Case Review
No abstract provided.
Mutembo Nchito V Attorney General 2016/Cc/0029 (27 October 2020), O'Brien Kaaba, Pamela Towela Sambo
Mutembo Nchito V Attorney General 2016/Cc/0029 (27 October 2020), O'Brien Kaaba, Pamela Towela Sambo
SAIPAR Case Review
No abstract provided.
Zccm Investment Holdings Plc V Konkola Copper Mines Plc And Vedanta Resources Holdings Ltd 2019/Hp/0761, Sangwani Patrick Ng’Ambi
Zccm Investment Holdings Plc V Konkola Copper Mines Plc And Vedanta Resources Holdings Ltd 2019/Hp/0761, Sangwani Patrick Ng’Ambi
SAIPAR Case Review
No abstract provided.
Vedanta Resources Holdings Limited V Zccm Investment Holdings Plc And Konkola Copper Mines Plc, Caz/08/249/2019, Sangwani Patrick Ng’Ambi, Chanda Chungu
Vedanta Resources Holdings Limited V Zccm Investment Holdings Plc And Konkola Copper Mines Plc, Caz/08/249/2019, Sangwani Patrick Ng’Ambi, Chanda Chungu
SAIPAR Case Review
No abstract provided.
Itula And Others V Minister Of Urban And Rural Development And Others 2020 (1) Nr 86 (Sc), Dunia P. Zongwe
Itula And Others V Minister Of Urban And Rural Development And Others 2020 (1) Nr 86 (Sc), Dunia P. Zongwe
SAIPAR Case Review
At the heart of this electoral case lies deep questions about what it means exactly to ‘know’ something and about a few steps that judges should avoid when reasoning from unknowns. In short, the court refused to cancel a presidential election because those who challenged that election in court failed to prove that the absence of verifiable paper trail changed the outcome of the election. If a judge lacks evidence of any claim put forth by the parties, they cannot lean on the absence of evidence to arrive at any conclusion, except to conclude that they do not know whether …
Okafor V Nweke [2007] 10 Nwlr (Pt. 1043) 521, Oluwakemi A. Dowodu-Sipe
Okafor V Nweke [2007] 10 Nwlr (Pt. 1043) 521, Oluwakemi A. Dowodu-Sipe
SAIPAR Case Review
No abstract provided.
Law Association Of Zambia And Chapter One Foundation Limited V Attorney General 2019/Ccz/0013/0014, Pamela T. Sambo, O'Brien Kaaba
Law Association Of Zambia And Chapter One Foundation Limited V Attorney General 2019/Ccz/0013/0014, Pamela T. Sambo, O'Brien Kaaba
SAIPAR Case Review
The Constitutional Court of Zambia on 29th November 2019 rendered its highly anticipated (abridged) judgment in the case of Law Association of Zambia and Chapter One Foundation Limited v Attorney General 2019/CCZ/0013/0014. In June 2019 the Minister of Justice introduced into the National Assembly the Constitution of Zambia (Amendment) Bill No. 10 (generally referred to as Bill 10) intended to extensively amend the Constitution. The Bill had been criticized by many stakeholders as it is seen as an attempt to enhance executive powers and undermine constitutionalism. In August 2019, the Law Association of Zambia and Chapter One Foundation Limited commenced …
Vol. 3, Issue 1 Table Of Contents
Ethel Dlamini (Born Gule) V Prince Chief Gasawangwane (93/2018b) [2019] Szsc 40 (Judgment 8 October 2019), Simangele D. Mavundla
Ethel Dlamini (Born Gule) V Prince Chief Gasawangwane (93/2018b) [2019] Szsc 40 (Judgment 8 October 2019), Simangele D. Mavundla
SAIPAR Case Review
The significance of the case of Ethel Dlamini is found in the Supreme Court’s progressive interpretation of the chain of events that were being inflicted to Mrs Dlamini as a violation of her dignity. The court could have looked into the requirements of an interdict to see if Mrs Dlamini’s case was in line with them or not. These are whether the applicant has a prima facie right; apprehension of irreparable injury, and that there is no other satisfactory remedy. Instead, the Court observed that Mrs Dlamini was deprived arbitrarily of the field given to her by her father-in-law and …
Daniel Pule And Others V Attorney General And Others Selected Judgment No. 60 Of 2018, James Kayula
Daniel Pule And Others V Attorney General And Others Selected Judgment No. 60 Of 2018, James Kayula
SAIPAR Case Review
No abstract provided.
Richard Musenyesa V. Indo Zambia Bank Limited Appeal No. 214/2016 (2020), Chanda Chungu
Richard Musenyesa V. Indo Zambia Bank Limited Appeal No. 214/2016 (2020), Chanda Chungu
SAIPAR Case Review
In Richard Musenyesa v. Indo Zambia Bank Limited, the Supreme Court dealt with an employee whose conditions of service were altered by their employer. The entitlement to gratuity at the end of the employment relationship was not mentioned in the new conditions of employment despite being in the previous conditions that regulated his employment.
The Supreme Court provided that where acquiescence is intended to be assumed from conduct, credible evidence will have to be led, showing that the employee was by clear notice given by the employer indeed aware of the variation, understood the implications and its full extent, before …
Daniel Mwale V Njolomole Mtonga And Another Appeal No.004 (2019), Dunia P. Zongwe
Daniel Mwale V Njolomole Mtonga And Another Appeal No.004 (2019), Dunia P. Zongwe
SAIPAR Case Review
This is a classic case of sour grapes. After failing to secure a favourable decision from the judges, the losing party accused them of prejudice. This happened in the Mwale v Mtonga matter, decided by the Supreme Court of Zambia in 2019. When his appeal failed, Daniel Mwale reacted by accusing that court and the entire judiciary of corruption.
The Mwale v Mtonga dispute brings up a number of themes: perceptions of corruption in the courts, unjustified public attacks against the judiciary, constraints on judges’ ability to respond to those attacks, the airing of corruption allegations in the wrong forum, …
Moses Lukwanda And 9 Others V Zambia Airforce Projects Limited And 7 Others Caz/08/323/2019, Pamela T. Sambo
Moses Lukwanda And 9 Others V Zambia Airforce Projects Limited And 7 Others Caz/08/323/2019, Pamela T. Sambo
SAIPAR Case Review
No abstract provided.
Chishimba Kambwili V Attorney General 2019/Cc/009, O'Brien Kaaba, Pamela T. Sambo
Chishimba Kambwili V Attorney General 2019/Cc/009, O'Brien Kaaba, Pamela T. Sambo
SAIPAR Case Review
The Constitutional Court on 18th February 2020 rendered its judgment in the case of Chishimba Kambwili v Attorney General 2019/CCZ/009. The petitioner, then an estranged Member of Parliament for the ruling Patriotic Front (PF), had his seat declared vacant in February 2019 by the Speaker of the National Assembly, Patrick Matibini, on the ground that by acting as a consultant for an opposition party (under which he was not elected to Parliament), he had crossed the floor.
The Constitutional Court found the action of the Speaker to have been unconstitutional as the office is not vested with power to interpret …
George Peter Mwanza And Melvin Beene V Attorney General Appeal No. 153/2016 Sc Selected Judgment No. 33 Of 2019, Ellah T.M. Siang’Andu
George Peter Mwanza And Melvin Beene V Attorney General Appeal No. 153/2016 Sc Selected Judgment No. 33 Of 2019, Ellah T.M. Siang’Andu
SAIPAR Case Review
On the 9th December 2019, the Supreme Court of Zambia delivered a landmark decision changing the human rights jurisprudence in the context of protecting and preserving the fundamental human rights of prisoners. The appellants were HIV positive and were both in custody at the Lusaka Central Prison. They petitioned the High Court contending breach of their rights to life and protection from inhuman treatment contrary to the Republican Constitution. The argument of the appellants was that the State’s failure to consider their dietary and health needs, due to the budgetary and logistical restraints, fell short of all prescribed standards for …
Abedinego Kapeshi And Another V The People Scz Selected Judgment No. 35 Of 2017, Gift Sangende
Abedinego Kapeshi And Another V The People Scz Selected Judgment No. 35 Of 2017, Gift Sangende
SAIPAR Case Review
In 2017, the appellants, being dissatisfied with the judgment of the Kabwe High Court appealed to the Supreme Court. They contended among other things, that the trial court erred in law to convict the appellants of murder. They further stated that the court erred in law to sentence the appellants to life imprisonment, as the sentence was excessive.
This case accorded the Supreme Court a great opportunity to discuss the belief in witchcraft and the offending conduct premised on that belief, as well as the multiple violations that are coupled with the same belief. Remarkably, the Court moved away from …
Editor's Note, O'Brien Kaaba