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Chrismar Hotel Ltd V Stanbic Bank Zambia Ltd Scz Selected Judgment No 6 Of 2017 P. 160, Dunia P. Zongwe

SAIPAR Case Review

In the first semester of 2008, the appellant, Chrismar Hotel Ltd, needed finance to buy some equipment, including earth-moving equipment. It therefore solicited funds from the respondent bank, Stanbic Bank Zambia Ltd, with which it had held several accounts, obtained credit facilities (for example, mortgages and debentures), and established a longstanding relationship. The respondent bank agreed to lend money to the appellant hotel.

Thus, the hotel and the bank (hereinafter ‘the parties’) entered into eight distinct yet identically worded finance leases. For a total sum of 1.7 million US dollars, the eight leases each specified the amount that the respondent …

George Mwanza And Melvin Beene V Attorney General Select Judgment No 33 Of 2019, O'Brien Kaaba

SAIPAR Case Review

The case came to the Supreme Court by way of appeal from the High Court. The two appellants were inmates at Lusaka Central Prison. It turned out that the appellants were HIV positive and were on Anti-Retroviral Treatment (ART). The medical condition and treatment required that they be provided with food of a balanced diet in line with their medical condition.

The prison authorities, however, only provided limited quantities of maize sump for breakfast; maize meal (nshima) with dry sardines for lunch and super.2 The food was often rotten and contained foreign particles. Not only was it of of poor …

Finance Bank And Rajan Mahtani V Simataa Simataa Scz Appeal No. 11/2017, Chanda Chungu

SAIPAR Case Review

The employer settled an employment dispute with its former employee out of court. They bound their former employee to a settlement agreement that he would not speak badly of the employer or testify against them in future. He subsequently testified against his former employer and the employer sued for a refund of the settlement amount.

The court was of the view that only nominal damages (equivalent to K500) would be awarded merely to show that there had been a breach of the agreement not to testify. However, the amount was limited to a small sum of nominal damages as loss …

Zambia Revenue Authority V Matalloy Company Limited Scz/08/016/2020, Mwaba Mulenga Chileya

SAIPAR Case Review

Justice Mumba Malila supplements the jurisprudence on tax law in this judgment that deals with the obligation of a taxpayer in tax cases. The case focused on the responsibility of taxpayers to prove their eligibility for a tax credit from the Zambia Revenue Authority. Briefly, the case also discusses the concept of tax credits, and their use by taxpayers.

Saidi Banda V The People Scz Appeal No. 114 Of 2015), Mwaka Chizinga

SAIPAR Case Review

No abstract provided.

Charles Mushitu (Sued In His Capacity As Secretary-General Of Zambia Red Cross Society) V. Christabel M. Kaumba Scz Appeal No. 122/2015, Chanda Chungu

SAIPAR Case Review

An employee worked under a project that terminated and was then placed on unpaid leave for almost nine (9) months when she was appointed to another post in another town, Choma. The issue here was does the employee have any relief for being unpaid for the 9-month period?

The Supreme Court held that the employers conduct amounted to a fundamental breach of contract when the employee was placed on unpaid, forced, indefinite leave. Therefore, due to their failure to pay the employee whilst he was still an employee, the employer not only breached the duty to pay wages, which constitutes …

Kenny Sililo V. Mend-A-Bath Zambia Limited And Spencon Zambia Limited Scz Appeal No. 168/2014, Chanda Chungu

SAIPAR Case Review

The employer and employee had entered a written contract of employment. However, during the employment, a statutory instrument made pursuant to the Minimum Wages and Conditions of Employment Act came into effect. As a result of this statutory instrument, certain minimum wages were prescribed for protected employees, of which the employee in question was one. The employer thereafter offered him a reduced salary as his current salary was above that prescribed by the statutory instrument. The employee complained about the employer’s conduct and declined the offer, as he considered it to be a unilateral alteration of his conditions of service. …

The Correct Procedure For Commencing An Action In The Industrial Relations Division Of The High Court: Edward Chilufya Mwansa And 194 Others V. Konkola Copper Mines Plc Scz Appeal No. 99/2015 And Concrete Pipes V. Kingsley Kaimba And Another Scz Appeal No. 014/2015, Chanda Chungu

SAIPAR Case Review

In Edward Chilufya Mwansa and 194 Others v. Konkola Copper Mines Plc, the Supreme Court dealt with a scenario where several employees had been dismissed and sought to enter an out of court settlement with their employer, through the assistance of the Labour Office. This process lasted over three years

In Concrete Pipes v. Kingsley Kaimba and Another, the Supreme Court dealt with an appeal from a Ruling of the Industrial Relations Court dismissing a preliminary issue in relation to the need to exhaust internal administrative channels before commencing an action before the court.

Fred M’Membe And Post Newspapers Limited (In Liquidation) V. Abel Mboozi And Others Scz Appeal No. 07/2021, Chanda Chungu

SAIPAR Case Review

The Supreme Court in this case dealt with the liquidation of the Post Newspapers, a company which was responsible for publishing the popular The Post newspaper. A group of people who claimed to be creditors of the Post filed a petition in the High Court for the winding up of the company. Mr. Lewis Chisanga Mosho was subsequently appointed as the provisional liquidator.

The appeal before the Supreme Court dealt with issues and questions relating to the proper procedure and process relating to the liquidation and the liquidator, the role of the court and the rights of shareholders and directors …

Moving Unit Video Television (T/A Muvi Tv Limited) V. Francis Mwiinga Maingaila Scz Selected Judgment No. 18 Of 2019, Chanda Chungu

SAIPAR Case Review

This case dealt with an employee of Muvi TV Limited who was accused of defiling an under-age girl whom he had had offered accommodation to. He was videoed being arrested by a police officer and the news read as follows “Journalist defiled a 13-year old girl”. This news story was repeated on several subsequent news broadcasts by Muvi TV.

This story was published before any conviction was made in criminal proceedings. A medical report revealed that the girl had not been defiled and this was available before the story was released. However, despite the medical report being available, before the …

Rabson Sikombe V. Access Bank (Zambia) Limited Scz Appeal No. 240/2013, Chanda Chungu

SAIPAR Case Review

The employee was employed as a Transaction Officer with effect from the 17th of November 2008. He was suspended from duty on the 15th of May, 2009 following an investigation into the sum of K804 million, unauthorized overdraft on an account held in the respondent's Bank by a company called ZCON,it being alleged that the appellant failed to manage the credit portfolio by not constantly reviewing the overdrawn account, leading to the customer's overdrawn position exceeding the approved limit of K350 million.

It was further alleged that the employee had provided false information that the client had an approved facility …

Mumba Malila, An Advocate For The Vulnerable Worker: Tiger Chicks (T/A Progressive Poultry Limited) V. Tembo Chrisford And Others Scz Appeal No. 06/2020 And Kasembo Transport Limited V. Collins John Kinnear Scz Appeal No. 89/2010, Chanda Chungu

SAIPAR Case Review

Basic conditions of employment refer to minimum conditions of employment that an employer must provide for employees. The law in Zambia has set minimum standards and basic conditions of employment for workers in the Employment Code Act. In addition to the Employment Code Act, specific groups of vulnerable workers have Ministerial Orders in the form of statutory instruments that provide specific basic conditions of employment. These statutory instruments, namely the General Order, Shop Workers Order, Domestic Workers Order and Truck and Bus Drivers Orders provide for the minimum wage and basic conditions of employment for specified, vulnerable workers and together …

Zambia Breweries Plc V. Betternow Family Limited Selected Judgment No. 48 Of 2016, Chanda Chungu

SAIPAR Case Review

This matter dealt with a distributorship contract between Zambia Breweries and Betternow Family Limited. Betternow paid K100, 000 as a pre-condition to trading Zambia Breweries’ products – but after three (3) months of trading, Zambia Breweries terminated the supply of its products to Betternow Family Limited.

In this case, the contract provided that the contract can be terminated with one month’s notice. The contract was cancelled by Zambia Breweries and Betternow Family Limited sued for breach of contract. The trial court awarded damages equivalent to the unserved or remaining period of the contract.

The Supreme Court held that: Any damages …

Pamodzi Hotels Plc V Rosemary Nyangu Appeal No.15 Of 2011 (Zmsc) 2021, Natasha Chibuye, Mwami Kabwabwa

SAIPAR Case Review

No abstract provided.

Frida Kabaso (Sued As Country Director Of Voluntary Services Overseas Zambia) V. Davies Tembo Scz Appeal No. 04/2012, Chanda Chungu

SAIPAR Case Review

This action concerned an appeal from the Industrial Relations Court where an employee was employed on a permanent contract by Voluntary Services Overseas Zambia as an Administrative Officer on 11th July 1996. He was later promoted to the position of Officer Manager.

In 2001/2002, the employer changed its employment policy from employing staff on permanent terms to employing them on fixed-term contract. By 2008, the employer begun restructuring and informed employees. The employee’s position of Officer Manager was phased out and removed from the employer’s organisational structure, with two positions created, including that of Finance Manager. The employee claimed a …

Madison Investment, Property And Advisory Company Limited V Peter Kanyinji [2018] Zmsc 348 (Scz Selected Judgement No. 48 Of 2018), Ntemena Mwanamwambwa

SAIPAR Case Review

The case at hand brings to the fore, a number of important matters relating to the treatment of a company which has a controlling shareholding in another while at the same time belonging to the same group of companies as the latter.

The case is particularly important to the jurisprudence of Zambian Company law as it endorses the sacredness of the veil over group structures in maintaining investor confidence and preventing the economic liabilities that would unsuspectingly befall local as well as multinational companies operating within a group structure.

Chansa Ng’Onga V. Alfred H. Knight (Z) Limited Selected Judgment No. 26 Of 2019, Chanda Chungu

SAIPAR Case Review

An Appellant was employed as the Sectional Leader in the Lubricants Testing Department of the employer’s business. He was subsequently promoted to the rank of Lubricant Testing Manager.

During his employment as Lubricant Training Manager, he was suspended due to being absent from work for five days without his supervisor’s permission. Under the employer’s Disciplinary Rules and Procedures, the penalty for a first offender was a written warning. This notwithstanding, he was dismissed after three weeks, without any formal charges raised against him and his letter of dismissal outlined that he was dismissed for offences for which he was not …

Madison Investment, Property And Advisory Company Limited V. Peter Kanyinji Scz Selected Judgment No. 48 Of 2018, Chanda Chungu

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The Managing Director of Perfect Milling Company was entitled to 25% gratuity of his basic salary at the end of his term as Managing director. However, when he launched a claim against Perfect Milling Company, the company was in bankruptcy and unable to pay. He then sued Madison Investment, claiming that they operated as a single economic unit under the Madison Group of Companies.

The High Court in a judgment delivered by Banda-Bobo J (as she was then) held that notwithstanding the principle that companies have a separate legal identity, the court is empowered to pierce it in certain circumstances …

Absent Fathers And Child Maintenance Rights In The Copperbelt Province Of Zambia: The Dilemma Of A Postcolonial Bemba Matrilineal Practice, Mutale Mulenga-Kaunda

Zambia Social Science Journal

Being matrilineal and matrilocal, the Bemba people believe that “children belong to the mother”. This cultural belief and practice is so resilient that even in the event of divorce men have lost paternity rights to their children. Colonisation shifted Bemba women’s status as men were forced to migrate to work in the mines on the Copperbelt, leaving women to raise children as single mothers often without support from their absent husbands. Yet, even though Bemba people believe that children belong to the mother, the responsibility of raising children was traditionally shared with the father of the child. In postcolonial Zambia, …

Vol. 8, Number 1 Front Matter

Zambia Social Science Journal

No abstract provided.

Vol. 4, Issue 2 Table Of Contents

SAIPAR Case Review

No abstract provided.

Vol. 4, Issue 2 Masthead

SAIPAR Case Review

No abstract provided.

Swartbooi And Another V Speaker Of The National Assembly (Sa 38-2021) [2021] Nasc (4 August 2021), Dunia P. Zongwe

SAIPAR Case Review

In Swartbooi, the Supreme Court of Namibia failed to give flesh, blood and bones to a theory that could unify the cases that dealt with the separation of powers in Namibia. Though few lawyers would disagree with the outcome of its judgment, the Court nonetheless achieved this outcome by retreating into its legalistic shell.

At the same time, the Swaartbooi case completed a triangle that plotted all the possible relationships between the three organs of state in Namibia. After Ex parte in re: the Constitutional Relationship Between the Attorney-General and the Attorney-General (hereinafter referred to as ‘AG and PG’) addressed …

Semmy Lasco Kavinga V The People Appeal No 51/2018 (21 August 2019), O'Brien Kaaba

SAIPAR Case Review

The law on sentencing in Zambia is to a great extent chaotic and in disarray. No clear standards are set by the superior courts to guide lower courts and litigants. Often the sentences are at variance with constitutional norms and there has been no sustained effort to align the law of sentencing with constitutional standards, save for a few cases concerning corporal punishment. Somehow, a judicial culture has evolved and continues to grow of sentencing people without regard for constitutional norms. Yet the constitution is the supreme law, the ultimate source of all law and ought to permeate all laws …

Dipak Patel V. The Attorney General [2020] Ccz 005, Josiah Kalala

SAIPAR Case Review

In 2016, the Constitution of Zambia was amended, introducing a provision that required the National Assembly to approve all debt before it was contracted. The Constitutional amendment also introduced a requirement that legislation relating to the contraction and guaranteeing of debt should provide the category, nature and other terms and conditions of a loan, grant or guarantee that will require approval by the National Assembly before the loan, grant or guarantee is executed. Unfortunately, since the constitutional amendment in 2016, the government of Zambia acquired numerous loans without the approval of the National Assembly of Zambia. The Petitioner, a former …

Frida Kabaso (Sued As Country Director Of Voluntary Services Overseas Zambia) V. Davies Tembo Scz Appeal No. 04/2012, Chanda Chungu

SAIPAR Case Review

This action concerned an appeal from the Industrial Relations Court where an employee was employed on a permanent contract by Voluntary Services Overseas Zambia as an Administrative Officer on 11th July 1996. He was later promoted to the position of Officer Manager.

In 2001/2002, the employer changed its employment policy from employing staff on permanent terms to employing them on fixed-term contract. By 2008, the employer begun restructuring and informed employees. The employee’s position of Officer Manager was phased out and removed from the employer’s organisational structure, with two positions created, including that of Finance Manager. The employee claimed a …

Frankson Musukwa (Suing On His Own Behalf And As Executive Director Of Zambia Deaf Youth And Women) & Others V. Road Transport And Safety Agency, Natasha Kapuka

SAIPAR Case Review

The facts giving rise to the Musukwa case emanate from the revolving debate on whether deaf people should be allowed to drive in the same way that able-bodied individuals have the liberty to. The Petitioners (all deaf) approached the Court seeking a ruling to the effect that S.62 of the Road Traffic Act, No. 11 of 2002 violate Articles 11(b), 22(1)(a) & 23(2) of the Constitution of Zambia. The Petitioners contended that the Respondent’s refusal to grant the 2nd Petitioner a driver’s license, and its decision to revoke the 3rd Petitioner’s license was a violation of their freedom of movement …

Mineral Sands Resources (Pty) Ltd And Another V Redell And Others And Two Related Cases 2021 Sa 268 (Wcc), Dunia P. Zongwe

SAIPAR Case Review

This case teaches activists how to respond when they get SLAPPed. It introduced a defense mechanism to prevent lawsuits launched by big corporations to silence criticisms. North American lawyers commonly refer to these lawsuits as ‘strategic litigation (or lawsuits) against public participation (SLAPP). Two scholars from the United States of America (US) coined this acronym.2 And, in 2021, for the first time in South Africa, a court recognized the SLAPP phenomenon and accepted a defense against this kind of lawsuits.

When big corporations SLAPP activists and journalists, and their lawyers, judges should not slap back those corporations by accepting anti-SLAPP …

Albert Mupila V. Yu-Wei Comp/ Irclk/222/2022, Chanda Chungu

SAIPAR Case Review

An employee was employed on an oral contract of employment since June 2016 by an employer engaged in providing casino services. He was never availed with a copy of his contract and was paid a salary below the prescribed minimum for workers protected by the Shop Workers Order.

During 2021, he raised a complaint relating to his NAPSA contributions and was subsequently summarily dismissed. He commenced an action before the Industrial Relations Division of the High Court seeking the following reliefs:

• Benefits for the years worked;

• Leave days;

• Unfair and wrongful dismissal; and

• Costs and any …

Editor's Note, O'Brien Kaaba, Kafumu Kalyalya

SAIPAR Case Review

No abstract provided.