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Articles 1 - 30 of 53
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.
Zambian Disability Policy Stakeholder Perspectives On The Ways That International Initiatives Influence Domestic Disability Policies, Shaun Cleaver, Matthew Hunt, Virginia Bond, Raphael Lencucha
Zambian Disability Policy Stakeholder Perspectives On The Ways That International Initiatives Influence Domestic Disability Policies, Shaun Cleaver, Matthew Hunt, Virginia Bond, Raphael Lencucha
Southern African Journal of Policy and Development
Disability has attracted attention in international human rights and development circles and Zambian domestic policy. The purpose of this research was to explore the perceptions of Zambian disability policy stakeholders about the ways that two international initiatives, namely the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and the Sustainable Development Goals (SDGs), are being reflected in domestic policy. We collected data through semi-structured interviews with 22 policy stakeholders (12 disability advocates and 10 policymakers) and analysed these data using thematic analysis. The UNCRPD was perceived to be progressively integrated into Zambian disability policy although insufficiently implemented …
Bill 10, If Enacted, Will Install A Constitutional Dictatorship And Undermine Democracy In Zambia, Muna B. Ndulo
Bill 10, If Enacted, Will Install A Constitutional Dictatorship And Undermine Democracy In Zambia, Muna B. Ndulo
Southern African Journal of Policy and Development
Zambia has made several attempts to elaborate a democratic constitution that promotes good governance, inclusiveness, citizen participation, accountability, and the separation of powers between the three arms of government-parliament, the judiciary, and the executive. Success has been elusive largely because the processes used have been inappropriate for consensus building. The latest attempt, the Constitution Amendment Bill No. 10 of 2019, which came out of a ruling party dominated constitutional conference, is presently before parliament. The constitutional conference excluded key stake holders such as the main opposition party and civil society. The paper critically examines the contents of Bill 10 and …
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 …
Volume 105, Number 4 Table Of Contents
Executive Privilege - With A Catch: How A Crime-Fraud Exception To Executive Privilege Would Facilitate Congressional Oversight Of Executive Branch Malfeasance In Accordance With The Constitution's Separation Of Powers, Anthony W. Wassef
Cornell Law Review
A crime-fraud exception to assertions of executive privilege in response to congressional subpoenas would help level the playing field between the two branches in those moments when Congress is most needed to serve as a check and balance on the executive branch. A crime-fraud exception would signal to executive branch officials that executive privilege will not conceal their malfeasance; would counteract hyperpartisanship as a force that insulates executive branch officials from the consequences of their actions; and would rein in the expansive reach of protective assertions of executive privilege. For years, Congress has surrendered power to the executive branch. A …
The Corporate Privacy Proxy, Shaakirrah R. Sanders
The Corporate Privacy Proxy, Shaakirrah R. Sanders
Cornell Law Review
This Article contributes to the First Amendment corporate privacy debate by identifying the relevance of agriculture security legislation, or ag-gag laws. Ag-gag laws restrict methods used to gather and disseminate information about commercial food cultivation, production, and distribution-potentially creating a "right" to control or privatize nonproprietary information about animal and agribusinesses. Yet, corporate privacy rights are unrecognized as a matter of U.S. constitutional law, which implicates the sufficiency of the justification for ag-gag laws. This Article ponders whether "security" acts as a proxy for an unrecognized right to corporate privacy in the ag-gag context. Part I of this Article surveys …
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.
Closing The Racial Gap In Financial Services: Balancing Algorithmic Opportunity With Legal Limitation, Julia F. Hollreise
Closing The Racial Gap In Financial Services: Balancing Algorithmic Opportunity With Legal Limitation, Julia F. Hollreise
Cornell Law Review
Algorithmic credit assessment models wear two faces: one operating to perpetuate centuries of racial stratification and otherization in the United States' capitalist system, and one standing poised to correct such injustice by smoking out both inherent human biases and the remnants of past discrimination that are embedded in the system. Although the United States has undertaken efforts to equalize Black Americans' access to opportunities in education, employment, and other critical benefits, no modern and sustained effort has been made to ensure that the Black community is extended credit on sufficient and equal terms, without the effects of prior inequities continuing …
An Essay On The Quieting Of Products Liability Law, Aaron D. Twerskii
An Essay On The Quieting Of Products Liability Law, Aaron D. Twerskii
Cornell Law Review
For several decades, courts and commentators have disagreed as to whether the standard for liability in product design defect cases should be based on risk-utility tradeoffs or disappointed consumer expectations. Although a strong majority opt for risk-utility a significant minority of courts adopt the consumer expectations test. This Essay contends that as a practical matter in jurisdictions that allow for recovery in design defect cases on a consumer expectations theory, plaintiffs introduce a reasonable alternative design as the predicate for recovery. In fifteen of the seventeen states that allow recovery based on consumer expectations the author could not find a …