Social and Behavioral Sciences Commons^™

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 …

Vol. 7, Number 2 Front Matter

Zambia Social Science Journal

No abstract provided.

Women In Religio-Cultural History: A Reflection On Their Representation In Hugo Hinfelaar’S Scholarly Work In Zambia,1960s To 1990s, Nelly Mwale, Joseph Chita

Zambia Social Science Journal

Although Catholic missionary historians have contributed to the writing of Zambia’s many histories, the attempt at documenting women’s place in religio-cultural history in the country has been overshadowed by the prominence of masculine histories. Using the example of Hugo Hinfelaar who captures women’s histories in his scholarly work, this article explores the representation of the place of women in the religio-cultural history of Zambia in order to highlight Hinfelaar’s contributions to the study of women and to Zambia’s religio-cultural history. Informed by African feminist theory, it draws on a historical study which utilises document review and analyses the data through …

Female Initiation Rites As Part Of Gendered Bemba Religion And Culture: Transformations In Women’S Empowerment, Thera Rasing

Zambia Social Science Journal

Since the 1930s, female initiation rites have been a topic of interest for both anthropologists and certain White Fathers like Fr Corbeil and Fr Hinfelaar. Although the rites have been examined from various viewpoints, e.g. structural-functionalist viewpoints in the first half of the 20th century (Richards, 1940, 1956), and later by symbolic anthropologists (Rasing, 1995, 2001, 2004, and Simonsen, 2000a and 2000b), they are now mainly explained in terms of unequal gender relations and sexuality (Kamlongera, 1987; Kalunde, 1992). During my ongoing research (1992–2016), I was inspired by the interpretation of these rites by Hugo Hinfelaar, who, although not the …

From “White Fathers” To “Black Fathers” In Kasama And Mpika Dioceses In Zambia, Anthony B. Tambatamba, Austin M. Cheyeka, Tomaida C. Milingo

Zambia Social Science Journal

Employing the missiological theory of Henry Venn (1796-1873) and Rufus Anderson (1796-1880) on indigenisation of churches, this article explores the lived experiences of black Zambian Catholic clergymen, nuns, catechists and lay people at some of the mission stations that were once in the hands of Missionaries of Africa, popularly known as White Fathers, from 1891to1991 in the Archdiocese of Kasama and Diocese of Mpika. To write about the White Fathers from the point of view of our interviewees accords us an auspicious opportunity to pay tribute to Fr. Hugo Hinfelaar to whom this article and this particular issue of the …

‘A Western Missionary Cooked In An African Pot’: Religion, Gender And History In Zambia – Essays In Honour Of Father Hugo F. Hinfelaar, Chammah J. Kaunda, Marja Hinfelaar

Zambia Social Science Journal

The concept of ‘Cooked in African Pot’ is inspired by Klaus Fiedler, Paul Gundani and Hilary Mijoga (1998) who argued that clay pots represent African cosmic views, traditions, anthropology and epistemology. It is these ingredients that would form and sharpen Father Hugo Hinfelaar’s reinterpretation of Christian faith for Zambia. And it is this inspiring and honourable work and legacy that necessitated these two special issues dedicated to one of the distinguished missionary scholars of religion in Zambia. In what follows, we argue that Hinfelaar dedicated himself to what could be described as a soul search to deconstruct and recapture Christianity …

Vol. 5, No. 2 Cover

Southern African Journal of Policy and Development

No abstract provided.

Vol. 5, No. 2 Copyright Statement

Southern African Journal of Policy and Development

No abstract provided.

Vol. 5, No. 2 Table Of Contents

Southern African Journal of Policy and Development

No abstract provided.

Media Analysis Of Conflict In Chinese-Zambian Engagement: From Zaffico To The Covid-19 Discrimination Controversy, Nicole Mazurova, Pokai Tsao, Taurence Chisholm Jr.

Southern African Journal of Policy and Development

This paper examines the role media plays in polarising views and escalating tension. The cases studied reflect the competing perspectives on Chinese engagement in Zambia, from the courtship of Chinese investment to rising anti-Chinese sentiment. Based on a comparative media analysis of English and Mandarin news articles about the ZAFFICO and COVID-19 discrimination controversies, we argue that the multi-layered polarisation in Zambia’s media landscape amplifies existing identity-conflicts. Framing—the tone, word choice, and selection of detail—in articles changes with the positionality of the media outlet and shapes the discourse around the cases. Sensationalisation, misinformation, and divergent frames contribute to conflict between …

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 …

Vol. 5, No. 2 Masthead

Southern African Journal of Policy and Development

No abstract provided.

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.

Editor's Note, O'Brien Kaaba

SAIPAR Case Review

No abstract provided.

New Nation Movement Npc And Others V President Of The Republic Of South Africa And Others 2020 (6) Sa 257 (Cc), Dunia P. Zongwe

SAIPAR Case Review

This case will impact constitutional law, constitutional interpretation, and electoral law in the sense that it will likely remain for a long time the leading case on independent candidates in South Africa. This is an important question that has also been raised elsewhere, like it did recently in Namibia. In both South Africa and Namibia, the question was raised as to the desirability of independent candidates. With the decision in NNM, the Constitutional Court has enabled South Africa to join nations like Namibia in permitting independent candidates.

Savenda Management Services Limited V Stanbic Bank Zambia Limited And Gregory Chifire Selected Judgment No. 47 Of 2018, Elliot Mfune

SAIPAR Case Review

The case of Savenda Management Services Limited v Stanbic Bank Zambia Limited and Gregory Chifire is significant in that it raises the question whether Zambian judges have virtually unbridled power to move on their own motion to punish for contempt of court any person who criticises their judgements. In addition, the case reinforces the traditional struggles associated with distinguishing civil from criminal contempt, the consequences of which are entirely based on the distinction. The case is also important as it exposes inadequate sentencing guidelines in Zambian contempt laws, the effect of which has led to excessive and unwarranted sentences. A …