Law Commons^™

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

SAIPAR Case Review

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.

Dipak Patel V. The Minister Of Finance And The Attorney General Ccz 5 Of 2020 [2021], Chanda Chungu

SAIPAR Case Review

The Constitutional Court judgment of Dipak Patel v. The Minister of Finance and the Attorney General dealt with an application by Dipak Patel who sought, inter alia, a declaration that the failure by the Minister of Finance to bring all public debt that was contracted by the Executive to the National Assembly for approval was contrary to the Constitution. This case review seeks to provide a lucid and clear analysis of the Constitutional Court judgment, discussing the soundness of the court’s reasoning and approach to the issue of how public debt should be contracted.

Guardall Security Group Limited V. Reinford Kabwe Caz Appeal No. 44/2019, Chanda Chungu

SAIPAR Case Review

The Court of Appeal dealt with a judgment of the Industrial Relations Division of the High Court which was passed more than one year after the matter was commenced. The Court of Appeal interpreted sections 85(3)(b) (ii) and 94 (1) of the Industrial and Labour Relations Act which prescribe that judgment should be within one (1) year of the filing of the complaint and sixty (60) days from close of trial.

Chimanga Changa Limited V. Export Trading Limited Caz Appeal No. 76/2020 And Caz Appeal No. 053/2021, Chanda Chungu

SAIPAR Case Review

The Court of Appeal delivered two judgments with respect two separate Rulings delivered by the Commercial Division of the High Court of Zambia. The facts that led to the Rulings stemmed from a judgment rendered against Chimanga Changa Limited whereby the Commercial Division of the High Court of Zambia awarded Export Trading Limited a sum of money relating to unpaid goods supplied. Thereafter, Chimanga Changa failed to pay the judgment sum and entered business rescue proceedings.

The first Ruling dealt with a preliminary objection raised by Chimanga Changa Limited with respect to the need for leave or permission from the …

Rewriting Our Nation's Deadly Traffic Manual, Sara C. Bronin, Gregory H. Shill

Cornell Law Faculty Publications

Every day, Americans entrust their lives to a road system that is governed by the Manual on Uniform Traffic Control Devices for Streets and Highways (the Manual). On its face, this Federal Highway Administration (FHWA) publication is a straightforward technical document. It contains over eight hundred pages of engineering guidance on everything from traffic-light placement to the font of highway signs. It also establishes acceptable methods for officials to modify speed limits.

While such provisions may sound inconsequential, some of the Manual’s provisions have far-reaching, even deadly, consequences. They prioritize vehicular speed over public safety, mobility over other uses of …

Inflation In The 21st Century: Taking Down The Inflationary Straw Man Of The 1970s, Daniel Alpert, Cornell Research Academy Of Development, Law, And Economics, Mario Einaudi Center For International Studies

Cornell Law Faculty Publications

This overview of the history of, and future prospects for, undesirable levels of price inflation in the U.S. economy concludes that concerns raised in 2021 by several well-known economists and analysts – regarding the prospects for accelerating levels of inflation as a result of pandemic-era and post-pandemic fiscal and monetary policy (enacted and proposed) – is misplaced. The wisdom of continuing expanded fiscal policy from late 2021 onwards is supported by an analysis of the prospects for future inflation in terms of both (i) the shortfall in aggregate domestic demand relative to existing endogenous and exogenous supply; and (ii) the …

Competing Explanations For Parallel Conduct: Lessons From The Australian Detergent Case (Colgate-Palmolive), George Hay, E. Jane Murdoch

Cornell Law Faculty Publications

Parallel conduct by competing firms is an almost unavoidable phenomenon in the real world. Of course, parallel conduct can be the result of completely independent and uncontroversial behaviour, such as when all suppliers are affected by and respond unilaterally to an identical increase in costs. Few would suggest that, in such circumstances, the firms’ conduct should be subject to sanctions. At the other extreme, parallel conduct can be the result of interdependent and deliberately coordinated behaviour, such as when all suppliers meet in the proverbial smoke-filled room and agree to fix prices. Few would hesitate to condemn such conduct under …

A Detailed Assessment Of The Sexual Assault Prevalence Statistics At The Center Of The Military Justice Reform Movement, Brian L. Cox

Cornell Law Faculty Working Papers

“Twenty thousand service members experience sexual assault every year” while “only a tiny fraction of those end up with any kind of action at all in the military justice system.” Lynn Rosenthal, director of the DoD Independent Review Commission, recently offered this observation at a press conference while summarizing the findings reflected in the commission’s report. Senator Kirsten Gillibrand indicated in a recent blog post that “an estimated 20,500 service members are sexually assaulted every year” to make the case that there “is an epidemic of sexual assault in the military and the current military justice system has proven incapable …

Rules Of The Road: The Struggle For Safety And The Unmet Promise Of Federalism, Sara C. Bronin

Cornell Law Faculty Publications

American streets have become increasingly dangerous. 2020 saw the highest year-over-year increase in roadway death rates in 96 years, and the last year for which we have data on non-drivers, 2018, was the was the deadliest year for pedestrians and cyclists in three decades. Though this resurgence of road violence has many complex causes, what makes American roads uniquely deadly are laws that lock in two interrelated design problems: unfriendly streets and unsafe vehicles.

Design standards articulate how streets and vehicles look and function. As they have been enshrined in law, they favor drivers and their passengers over any other …

Law, Lawyers And Sustainable Development: Reflections Of A Fellow Traveler, Muna B. Ndulo

Southern African Journal of Policy and Development

At the national level, the rule of law is necessary to create an environment for providing sustainable livelihoods and eradicating poverty. Poverty often stems from disempowerment, exclusion and discrimination. The rule of law fosters development through strengthening the voices of individuals and communities, by providing access to justice, ensuring due process and establishing remedies for the violation of rights. Security of livelihoods, shelter, tenure and contracts can enable and empower the poor to defend themselves against violations of their rights. Legal empowerment goes beyond the provision of legal remedies and supports better economic opportunities. In order for the rule of …

Iconic Designs, Icon Status, And Intellectual Property: Discussing Copyright And Fashion And The Ideal Mode Of Protection For Fashion Designs And Patterns, Bianca Lindau

Cornell Law Library Prize for Exemplary Student Research Papers

In the United States, the establishment of copyright protection for fashion designs and patterns has been a struggle that has only partially been successful. Protections available under design patent, trademark, and trade dress law only provide insufficient protection to fashion designs. Since the Star Athletica v. Varsity decision, it is clear that fashion patterns enjoy sufficient protection under copyright law. In the European Union and in Germany, the intellectual property protection capital of Europe, fashion designs enjoy much greater protection than in the United States. This paper uses a comparative approach to discuss the advantages and disadvantages of providing more …

Baby ‘A’ And Another V Attorney General And Others [2014] Eklr, Samiselo Kayombo

SAIPAR Case Review

On or about 3rd May 2009, Baby A (1st Petitioner) was born as an intersex child.2 On 10th May 2009, Kenyatta National Hospital (2nd Respondent) conducted various medical tests on the 1st Petitioner and on one of the documents that captured the 1st Petitioner’s details, inserted a question mark ‘?’ in the column that indicated the child’s sex. The Petitioners claimed that the entry of a question mark to indicate the sex of Baby A violated the rights of the child to legal recognition, dignity and freedom from inhuman and degrading treatment. These rights were guaranteed in Section 4 of …

Vol. 4, Issue 1 Masthead

SAIPAR Case Review

No abstract provided.

Vol. 4, Issue 1 Table Of Contents

SAIPAR Case Review

No abstract provided.