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Zambia decisions
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Emmanuel Sinkala v the People (Appeal 73/2024) [2024] ZMCA 351 (20 August 2024)
The Court of Appeal of Zambia dismissed Emmanuel Sinkala’s murder appeal, upholding the conviction and death sentence on credible identification evidence and rejection of the alibi.
Hassan Farah v The People (APPEAL NO. 004/2023) [2024] ZMCA 183 (19 August 2024)
The appellant was properly tried as an adult based on his own indication of age and absence of evidence to the contrary; the plea was unequivocal as the mode of transport was immaterial to the offence and no material facts were disputed.
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Evans Kapembwa v The People (APPEAL NO. 89/2023) [2024] ZMCA 192 (19 August 2024)
Court of Appeal of Zambia upheld a murder conviction, finding the circumstantial evidence excluded suicide and pointed to strangulation by the appellant.
Lutwika Mashilipa v Discover Insurance Comapny Limited (2023/HPC/0730) [2024] ZMHC 238 (19 August 2024)
The High Court dismissed an application for leave to appeal, holding that leave was not required for this judgment under section 23 of the Court of Appeal Act.
Stanley Bwalya Mwansa v The People (Appeal No. 93/2023) [2024] ZMCA 194 (19 August 2024)
Mere possession of a defence force uniform without proof of intent to use it for gaining admission to a protected place or for a purpose prejudicial to the safety or interests of the Republic does not constitute an offence under Section 6(1)(a) of the State Security Act. The prosecution failed to prove the necessary elements of the offence.
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V.S. Cargo Management Services v Labadee Trust (Application SP 18/2024) [2024] ZMCA 187 (19 August 2024)
The Court of Appeal dismissed an application for leave to appeal to the Supreme Court and a stay of execution, finding no statutory basis under section 13(3).
Kenny Figo v The People (APPEAL NO. 91/2023) [2024] ZMCA 185 (19 August 2024)
The Court of Appeal upheld Kenny Figo’s convictions for murder and aggravated robbery, relying on clear CCTV footage, recognition evidence, and corroboration.
Abel Mumbi Kasongo v The People (APP No. 17/2023) [2024] ZMCA 184 (19 August 2024)
The evidence did not exclude other reasonable inferences as to the cause of death, and the fatal injuries occurred during a fight. Therefore, the conviction for murder was not sustainable and should be substituted with manslaughter.
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Konkola Copper Mines Plc (In Liquidation) v Attorney General and Ors (SP 48/2023) [2024] ZMCA 188 (19 August 2024)
The Court of Appeal dismissed Konkola Copper Mines’ application for leave to appeal to the Supreme Court, finding no public-importance point, prospects, or compelling reason.
Mathias Yowani v The People (APPEAL NO. 98/2023) [2024] ZMCA 200 (16 August 2024)
The conviction was safe as the prosecutrix's evidence was corroborated by an independent witness (PW5) regarding the appellant's admission, and the circumstances of opportunity and identification supported the finding of guilt beyond reasonable doubt.
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