International and Area Studies Commons^™

Chief Justice Mumba Malila And The Challenges Ahead: An Editorial, O'Brien Kaaba, Kafumu Kalyalya

SAIPAR Case Review

No abstract provided.

Vol. 5, Issue 1 Table Of Contents

SAIPAR Case Review

No abstract provided.

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 …

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

SAIPAR Case Review

No abstract provided.

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 …

Domestic Morality, “Traditional Dogma”, And Christianity In A Rural Zambian Community, Bernhard Udelhoven

Zambia Social Science Journal

Hugo Hinfelaar described, for precolonial times, a comprehensive domestic religion and family spirituality which he called “traditional dogma” or “family dogma”. What is left of it in Zambia? When and for what purposes are traditional religious beliefs invoked today and scrutinised in marriage and the domestic sphere? While many say, “We have no culture left!” traditional dogma continues to function as a “moral grammar” that anchors cultural identity. The marital life of a couple becomes scrutinised along traditional beliefs during family crises. When people accept this scrutiny, they (re-)submit themselves under the wider family and thereby reconstitute the family under …

Book Review, Cheela Chilala

Zambia Social Science Journal

A review of Nation-Building in the Context of ‘One Zambia, One Nation’, by Mubanga E. Kashoki. (Lusaka: Gadsden Publishers, 2018).

Vol. 8, Number 1 Front Matter

Zambia Social Science Journal

No abstract provided.

Ishita – Atemporality In Bemba Eco-Existentialism, Chammah J. Kaunda

Zambia Social Science Journal

This article delineates Bemba eco-existentialism of atemporality. It demonstrates inshita as lived which is deeply entrenched in the quest to become Lesa (God). Bemba atemporality is never conceived in terms of the past or the future. Rather, as the locus of intercourse, a critical site of spiritual interaction, transaction, and exchange aimed at actualizing equilibrium of all vital relationships that make up the cosmos. In this way, inshita is lived and a manifestation of meaningful actions that promote flourishing-becoming of all things.

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, …

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 …

Vol. 4, Issue 2 Table Of Contents

SAIPAR Case Review

No abstract provided.

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

SAIPAR Case Review

No abstract provided.

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 …

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 …

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.

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 …

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 …

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.

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 …

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 …

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 …

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 …

‘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. 7, Number 2 Front Matter

Zambia Social Science Journal

No abstract provided.

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 …

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 …

Vol. 5, No. 2 Masthead

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 …