International and Area Studies Commons^™

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 …

Vol. 4, Issue 1 Masthead

SAIPAR Case Review

No abstract provided.

The People V Attorney General & Energy Regulation Board [2020] Hp 0575, Chipasha Mulenga, Kangwa-Musole George Chisanga

SAIPAR Case Review

No abstract provided.

Prosecutor-General Of Namibia V Namoloh And Others 2020 (3) Nr 839 (Sc), Dunia P. Zongwe

SAIPAR Case Review

Namoloh is the leading case on the definition of an accused in Namibia. It is true that, so far, there have been quite some confusion on the definition of ‘accused.’ For instance, the Criminal Procedure Act does not describe the accused and actually refer to the person through the sentencing process ‘the accused’ even if the accused has already been ‘convicted’. The Namoloh case therefore stabilizes criminal law in Namibia by clarifying who does and who does not qualify as an ‘accused’.

Nonetheless, the way in which the Supreme Court resolved the question of permanent stays of prosecution contradicts the …

Is The Constitutional Court Fanning The Flames Of Potential Unrest? A Review Of Recent Political Cases, O'Brien Kaaba, Felicity Kayumba Kalunga, Pamela Towela Sambo

SAIPAR Case Review

The cases we discuss in this article raise fundamental questions about access to justice. Inefficient delivery of judgments, issuance of unreasoned or thinly reasoned rulings, inordinate delay in hearing matters, and awarding of unwarranted costs in public interest matters all militate against access to justice. Access to justice is important in maintaining law and order and promoting the rule of law. As US Supreme Court Judge, Stevens, stated in Bush v Gore 531 US 98 (2000), ‘It is confidence in the men and women who administer the judicial system that is the true backbone of the rule of law.’ Where …

Vol. 4, Issue 1 Table Of Contents

SAIPAR Case Review

No abstract provided.

Enock Kahale & 3 Others V The People [2021] Zmca 26, John Hatchard

SAIPAR Case Review

In both criminal and civil cases, the general rule is that a witness may only testify as to matters of fact of which they have personal knowledge. Thus, a witness may not draw inferences from the facts, speculate about the causes of the facts or make value judgments about those facts. The case of Kahale is unusual in that the expert who was required to give evidence, i.e., the ballistics expert, did not do so whilst PW7, a non-expert, was permitted to give evidence that required an expert in the relevant field. There was therefore a complete absence of expert …

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.

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 …

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 …

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 …

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

SAIPAR Case Review

No abstract provided.

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

SAIPAR Case Review

No abstract provided.

Vol. 3, Issue 2 Masthead

SAIPAR Case Review

No abstract provided.

Vol. 3, Issue 2 Table Of Contents

SAIPAR Case Review

No abstract provided.

Phinate Chona V Zesco Limited Caz Appeal No. 66/2019, Chanda Chungu

SAIPAR Case Review

No abstract provided.

Prof. E. Clive Chirwa V Zambia Railway & Another (2018/Hp/0578), Kayula James

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

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

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. …

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 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.

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

SAIPAR Case Review

No abstract provided.

Vol. 3, Issue 1 Table Of Contents

SAIPAR Case Review

No abstract provided.