Zambia

Death penalty confirmed by Zambia’s court of appeal days before capital punishment scrapped. What happens now?

Zambia’s court of appeal has dealt with a sensational murder and arson case in a recent decision that highlights two problems. First, the court’s judgment of 16 December 2022 upheld the death penalty imposed on a woman accused of murdering her gym instructor boyfriend by setting him alight. Just days after the appeal court’s decision, however, Zambia’s President Hakainde Hichilema finally abolished the death penalty, leading the justice minister to comment that from now on, no court could impose the death penalty.

Read judgment

Mirriam Chilosha was convicted of murder and arson for which she was sentenced to death (for murder) and to life imprisonment (for arson) by Zambia’s high court. She had killed her gym instructor boyfriend, Jeremiah Mbawa, by setting him alight. In the process she also set fire to the house belonging to Floriana Lodge, where he was staying.

No proof of grade 12 school certificate, so re-election of Zambian former minister declared invalid

When President Edgar Lungu lost the elections in Zambia in August 2021, one of the members of his party who was re-elected as an MP was Joseph Malanji, a former foreign minister. But that re-election was disputed by a rival for his seat who claimed Malanji did not meet the criteria because he did not have a grade 12 certificate, a requirement for election. The high court decided that the election was not valid. Malanji then appealed and the constitutional court of Zambia has now given its decision on the matter.

Zambian high court scraps lawyer from the roll of practitioners for dishonesty

A Zambian legal practitioner who failed to pay over money from his client intended to settle a bank loan, has been disciplined by the Law Association of Zambia (LAZ) and has now been struck off the roll of practitioners by the high court. This was despite the disgraced lawyer’s claim that his client had settled matters amicably and that there was now no dispute between them. The court held that this did not matter: the court and the LAZ were obliged to investigate the lawyer’s behaviour regardless of whether the original complaint was withdrawn or not.

Read judgment

It’s not often that courts are called upon to decide whether to remove a lawyer from the roll of practitioners. When it does happen, it’s such a public event, and with such potentially disastrous results, that you can be sure the lawyer concerned will put up a fight.

Pages

Subscribe to RSS - Zambia
x123xx