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Citation
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Judgment date
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| March 2018 |
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Court upholds a trial court's power to transfer sittings for security; bail pending appeal denied absent exceptional circumstances.
Criminal procedure – s73(3) transfer of proceedings – court may sit elsewhere for security; Criminal law – bail pending appeal – discretionary, requires unusual/special/exceptional circumstances or interests of justice; duty of full disclosure in affidavits.
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29 March 2018 |
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Second‑level appeal dismissed: confession and independent witness evidence upheld; no mandatory duty to read statutory defence at plea.
Criminal law — admissibility and weight of caution statements; Chisenga distinguished — presumption in Theft by Public Servant; hearsay versus direct evidence; statutory defence of reasonable belief on age — no mandatory plea‑stage notice; second‑level appeals limited to questions of law and cannot reopen sentence severity.
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29 March 2018 |
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Convictions for theft and money laundering quashed for insufficient proof of lack of legal entitlement and absence of a proven predicate serious offence.
Criminal law – Theft and money laundering – sufficiency of evidence and burden of proof; duplicity and particulars; section 201 witness-calling; money laundering requires proof of a ‘serious’ predicate offence; depositor/banker relationship and title to deposited funds.
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23 March 2018 |
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The appellant's unexplained delay and mere inadvertence did not justify condonation to appeal out of time.
Civil procedure – Appeals out of time – Condonation – "Good and substantial reasons" required – Inadvertence or unexplained delay insufficient – Court’s discretion to refuse condonation where delay excessive.
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20 March 2018 |
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Interlocutory injunction set aside where damages adequate and balance of convenience favoured realization of security.
Civil procedure – interlocutory injunctions – application of American Cyanamid guidelines; whether serious question to be tried on construction of guarantee; adequacy of damages as remedy; balance of convenience; creditor’s right to realise security unless guarantee expressly requires exhaustion of remedies (Sedam v Mwalubunju).
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20 March 2018 |
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Bail pending appeal must be decided by the "interests of justice" test; exceptional circumstances are not an absolute precondition.
Constitutional right to release and bail (s42); Bail pending appeal—governed by interests of justice, not rigid "exceptional circumstances" test; Statutory discretion under s24 Supreme Court of Appeal Act and ss355/359 Criminal Procedure Code; Three-stage enquiry for bail pending appeal (appealable issue; likelihood of success; interests of justice); Caution on reliance on call logs as proof of conspiracy.
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14 March 2018 |