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ZambiaLII, hosted by SAIPAR, pioneers free law access in Zambia. It provides legal materials and executes sustainable projects. It is affiliated to AfricaLII.

As the sole conduit for free legal access, it serves both the legal community and the public.

09/10/2026

Mordecai Sichalwe v Francis Robert Kapyanga and The Electoral Commission of Zambia (2026/HP/EP/027) (29 September 2026)
Leave to file a bundle of documents after the filing of an election petition refused, as Rule 9(3)(e) of the High Court (Election Petition) Rules, 2026 requires the bundle to accompany the petition at filing.
The petitioner challenged the election of the 1st Respondent as Member of Parliament for Mpika North Constituency. He filed his petition on time but did not include his bundle of documents, and later applied for permission to file it separately under Rule 17. The Court found that the petitioner’s own affidavit showed he had documents to rely on, so the words “if any” in Rule 9(3)(e) did not excuse the omission, and that Rule 17 does not permit retrospective filing.
The Court refused leave, but declined to dismiss the petition, holding that Rule 9(3)(e) prescribes no such sanction and that the omission did not deprive the Court of jurisdiction. The petition remains before the Court and proceeds in accordance with the Court’s directions.
Read the full ruling on ZambiaLII: eng@2026-09-29" rel="ugc" target="_blank">https://zambialii.org/akn/zm/judgment/zmhc/2026/104/eng@2026-09-29

01/10/2026

Celestine Mukandila v The People (HPBA/44/2026) (25 September 2026)
Administrative transfers and labels cannot defeat constitutional protections against undue pre-trial detention. Non-compliance with court production orders cannot justify continued detention.
The applicant was arrested and charged with bailable offences but was not brought before a court. A High Court order directed his production within 48 hours but the State failed to comply and the applicant was transferred between custodial institutions.
The Court considered Article 13(3) of the Constitution and section 33 of the Criminal Procedure Code, which require a person who has been arrested to be brought before a court without undue delay. The Court found that administrative arrangements could not displace these constitutional and statutory requirements.
The Court granted Constitutional bail. Read the full ruling on ZambiaLII:
eng@2026-09-25" rel="ugc" target="_blank">https://zambialii.org/akn/zm/judgment/zmhc/2026/100/eng@2026-09-25

28/09/2026

Gabriel Kibombwe v Mwewa Simon Chitambala (2026/EP/LGET/001; 2026/EP/LGET/001) (24 September 2026)
Leave to discontinue an election petition granted where statutory and procedural requirements for withdrawal were satisfied.
The petitioner challenged the mayoral election for the City of Lusaka but subsequently filed a joint Notice of Intention to Withdraw and a signed Consent Order to Discontinue. Tribunal found that all procedural and statutory requirements for withdrawal had been satisfied.
The Tribunal granted leave to discontinue, formally withdrew the petition, and declared that the first respondent remains duly elected as Mayor for Lusaka District.
Read the full ruling on ZambiaLII: eng@2026-09-24" rel="ugc" target="_blank">https://zambialii.org/akn/zm/judgment/zmlgel/2026/1/eng@2026-09-24

23/09/2026

Katayi Chibesa v Kalobo Pavyuma and Anor (2026/HP/EP/037) (22 September 2026)
Election Petition Rules - Failure to file mandatory accompanying documents renders an election petition incompetent and robs the court of jurisdiction to hear and determine the petition.
The High Court held that although the petition did not strictly conform in form and substance to the High Court (Election Petition) Rules, the defect was not necessarily fatal and could be remedied with leave of the Court. However, the failure to file the mandatory accompanying documents required under the Rules was a fundamental breach that rendered the petition incompetent. The petition was dismissed.
Read the full Ruling on ZambiaLII: eng@2026-09-22" rel="ugc" target="_blank">https://zambialii.org/akn/zm/judgment/zmhc/2026/99/eng@2026-09-22

18/09/2026

Mabvuto Phiri v Enviro-Flor Limited (2024/HPIR/0504) (26 June 2026)
The High Court held that an employer who pays gratuity below the statutory minimum of 25 percent of an employee's basic pay is in breach of section 73(1) of the Employment Code Act No. 3 of 2019.
The Complainant, who worked for the Respondent as a Welder for 11 years, had been paid gratuity at only 12 percent of his basic pay, and claimed the difference owed to him under the law.
The Court held that the Respondent's payment of 12 percent fell short of the 25 percent minimum required by law, and upheld the Complainant's entitlement to the shortfall.
The Court ordered the Respondent to pay the Complainant the difference in gratuity, together with interest on the amount due.
Read the full judgment on ZambiaLII: eng@2026-06-26" rel="ugc" target="_blank">https://zambialii.org/akn/zm/judgment/zmhc/2026/84/eng@2026-06-26

11/09/2026

Jonas Shakafuswa (Suing in his capacity as Director General of the Bene Mukuni Royal Dynasty Committee) v The Attorney General and Ors (2026/CCZ/0011) (10 September 2026)
Application to be joined to legal proceedings concerning the institution of Chieftaincy and Paramount Chiefs.
Whether the Intended Interested Parties demonstrated an identifiable legal interest that they may be affected by the outcome of the proceedings or, have a legal duty to participate.
The Court held that the Intended Interested Parties had not established an identifiable legal interest to justify their joinder to the proceedings.
Application dismissed.
Ruling on ZambiaLII: eng@2026-09-10" rel="ugc" target="_blank">https://zambialii.org/akn/zm/judgment/zmcc/2026/24/eng@2026-09-10

09/09/2026

The People v Gift Mwanza (HP/146/2026) (9 June 2026)
Whether an accused person’s spouse can be compelled to for the prosecution without the accused’s consent, unless an exception under section 151(1) of the Criminal Procedure Code applies.testify against them.
The High Court held that a spouse is a competent but not compellable witness and cannot testify
The State sought to call, the accused's wife, to testify that the alleged beatings she received from the accused led to the deceased's intervention and death.
The Court held that the exception did not apply because the accused was charged with murder, not an offence against his spouse, her property or children.
The Court declined to hear her evidence because the accused had not consented to her testifying against him.
Read the full judgment on ZambiaLII:eng@2026-06-09" rel="ugc" target="_blank">https://zambialii.org/akn/zm/judgment/zmhc/2026/94/eng@2026-06-09

03/09/2026

Braddick Investments Limited v The Attorney General (2025/ZMHC/132) (31 December 2025)
The High Court held that the State may be held vicariously liable for the unlawful conduct of a District Commissioner who disrupted a lawfully licensed business, even where the government department concerned did not itself participate in the conduct.
A District Commissioner seized the Plaintiff’s lawfully harvested Mukula logs, despite the Plaintiff holding valid licences and its employees having been acquitted of illegal harvesting.
The Court found that the Forestry Department’s failure to intervene amounted to acquiescence, and that the District Commissioner’s conduct could not be characterised as a mere “frolic of his own” so as to absolve the State of liability.
The Plaintiff was awarded K40,000 in exemplary damages, together with interest, while its claim for loss of prospective income was allowed subject to assessment.
Read the full judgment on ZambiaLII; eng@2025-12-31" rel="ugc" target="_blank">https://zambialii.org/akn/zm/judgment/zmhc/2025/132/eng@2025-12-31

28/08/2026

Langford Solomon Phiri and Anor v Assedy Chililo and Ors (APPEAL NO. 256/2024) [2026] ZMCA 103 (26 June 2026)
A Certificate of Title may be cancelled for fraud where the person alleging fraud clearly and strictly proves it.
The Court of Appeal held that a Certificate of Title is strong evidence of ownership under the Lands and Deeds Registry Act. However, it may be cancelled if fraud or other wrongdoing is proved.
A person alleging fraud must provide sufficient evidence to prove the fraud.
Full case on ZambiaLII: eng@2026-06-26" rel="ugc" target="_blank">https://zambialii.org/akn/zm/judgment/zmca/2026/103/eng@2026-06-26

22/08/2026

Law Association of Zambia v The Attorney General and Anor (2026/CCZ/003) (21 August 2026)
The Constitutional Court has held that an appointment to the office of Auditor-General cannot stand where the appointee does not meet the constitutional qualification requirements, including the retirement age.
The 2nd Respondent, being above the constitutional retirement age of 60, was ineligible for appointment. His appointment and continued occupation of the office was unlawful, unconstitutional and void.
The Court has ordered the 2nd Respondent to cease performing the functions of Auditor-General and vacate the office.
Full case on ZambiaLII: eng@2026-08-21" rel="ugc" target="_blank">https://zambialii.org/akn/zm/judgment/zmcc/2026/23/eng@2026-08-21

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