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Recent Judgments

Law Association of Zambia v The Attorney General and Anor (2026/CCZ/003) [2026] ZMCC 23 (21 August 2026) Appointment of an Auditor‑General above retirement age without required recommendation and ratification is unconstitutional. Constitutional law — Public Appointments — Appointment and Acting Appointment of Auditor‑General — Qualifications and retirement age — Articles 249, 251, 252 and s.6(2) Public Audit Act — Remedies — Repayment of salaries and emoluments — Evidential requirement for monetary recovery	21 August 2026
Merrifield Resources and Anor v The Energy Company (Pty) Limited (CAZ/08/28/2026) [2026] ZMCA 134 (19 August 2026) A renewed stay of execution is incompetent if it departs from the High Court application and was not first made there. Civil Procedure — Stay of Execution — Renewal vs original application; renewal must speak to same grounds — Jurisdiction — Stay must be sought pending an identifiable proceeding; orders cannot be granted in a vacuum — Procedural requirement — Application to be made first to the High Court where available — Order 13 Rule 12 CARs	19 August 2026
Musombo Estates Limited v Lusaka Apex Medical University and Anor (2026/CAZ/08/372) [2026] ZMCA 133 (19 August 2026) Court of Appeal lacks jurisdiction to discharge a High Court interim injunction; such relief lies with the trial court or by appeal. Civil Procedure — Interlocutory Injunctions — Discharge of ex‑parte interim injunction — Jurisdiction of appellate court to set aside under High Court Rules Order 27 Rule 4 and RSC Order 29 commentary	19 August 2026
Arron Chomba v Abidon Jere and Anor (CAZ/08/327/2026) [2026] ZMCA 132 (19 August 2026) Renewed stay pending appeal dismissed for lack of prospects, evidence of irreparable harm, or special circumstances. Civil Procedure — Stay of Execution Pending Appeal — Requirements: realistic prospects of success and good and sufficient grounds — Interlocutory Remedies — Effect of Pendency Of Separate Proceedings — No Automatic Stay Of Execution	19 August 2026
The Attorney General v Ireen Chirwa (CAZ/08/144/2026) [2026] ZMCA 126 (19 August 2026) Appeal dismissed for inexcusable delay in filing record and heads of argument; costs to respondent. Civil Procedure — Appeals — Dismissal for want of prosecution — Failure to file record of appeal and heads of argument within prescribed time — Court of Appeal Rules Order X Rule 7 — Extension of time — Discretion to enlarge time for procedural steps and requirement for prompt application and material — Court of Appeal Rules Order 13 Rule 3	19 August 2026
Brain Yalumunyika v Sternnah Moonga and Anor (2026/HPC/0505) [2026] ZMHC 91 (17 August 2026) Judgment on admission refused where a signed acknowledgement is impeached by bona fide allegations of mistake, fraud and illegality. Civil Procedure — Judgment on Admission — Whether written acknowledgement and correspondence amount to clear, unequivocal admission — Discretion to refuse where allegations of mistake, fraud or illegality impeach instrument	17 August 2026
Da Cheng Wood Processing Company Limited v Enock Kavindele (2026/HPC/0709) [2026] ZMHC 90 (14 August 2026) An originating summons filed during a court vacation without judicial leave is improperly filed and will be dismissed. Civil Procedure — Filing During Vacation — Whether originating process filed in vacation without judicial leave is properly filed — Order II Rule 4 High Court Rules — Jurisdiction — Effect of non‑compliance with mandatory procedural rules — Court lacks jurisdiction where matter not properly before it — Originating Summons — Remedy for commencement without required leave — Dismissal	14 August 2026
Bascom Enterprises and Ors v Bharti Airtel Holdings and Ors (Application SP 31/ 2025) [2026] ZMCA 137 (12 August 2026) Application for leave to appeal dismissed: dispute concerned private contractual issues, not public importance or novel law. Civil Procedure — Leave to Appeal — Section 13(3) Court of Appeal Act — Public importance and reasonable prospects of success Evidence/Commercial Law — Authentication of Documents — Application of the Authentication of Documents Act to foreign agreements used in domestic regulatory processes Equity — Estoppel — Limits where a party is not privy to the disputed agreement	12 August 2026
Felimart Investments Limited v Epiroc Zambia Limited (CAZ/08/70/2026) [2026] ZMCA 131 (12 August 2026) Court grants renewed leave to appeal where the application was timely and grounds showed realistic prospects of success. Civil Procedure — Appeals/Leave to Appeal — Whether a High Court ruling in review jurisdiction is a judgment attracting a 30‑day appeal period — Court of Appeal Act s 23, s 25 — RSC Order 59 Rule 14/18	12 August 2026
Caleb Mulenga v Kansanshi Mining Plc (SCZ/07/08/2026) [2026] ZMSC 15 (12 August 2026) Applicant failed to show licence-amalgamation issues raised a point of law of public importance for Supreme Court review. Civil Procedure — Appeals — Permission to Appeal to Supreme Court — Point of law of public importance must arise from Court of Appeal's determination Contract — Mining Licences — Effect of Amalgamation of Exploration Licences on Royalty Rights — Issues not raised in lower courts cannot ground leave to appeal	12 August 2026

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Recent Legislation

Patents (Amendment) Act, 1980	Act 18 of 1980	1 January 9999
Policy Form and Distribution Channel Review Guidelines, 2026	Government Notice 1186 of 2026	17 July 2026
Energy Regulation (Electricity Transmission and Distribution System Loss Reduction) Guidelines, 2026	Government Notice 1034 of 2026	19 June 2026
Education Act, 2011	Act 23 of 2011	12 June 2026
Local Government (Amendment) Act, 2026	Act 76 of 2026	12 June 2026
National Housing Authority (Amendment) Act, 2026 Uncommenced	Act 41 of 2026	12 June 2026
Minerals Regulation Commission (Amendment) Act, 2026 Uncommenced	Act 40 of 2026	12 June 2026
Agricultural Lands (Amendment) Act, 2026 Uncommenced	Act 39 of 2026	12 June 2026
National Road Fund (Amendment) Act, 2026 Uncommenced	Act 38 of 2026	12 June 2026
Mental Health (Amendment) Act, 2026 Uncommenced	Act 36 of 2026	12 June 2026

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Recent Gazettes

Zambia Government Gazette dated 2026-07-24 number 7961	24 July 2026
Zambia Government Gazette dated 2026-07-24 number 7962	24 July 2026
Zambia Government Gazette dated 2026-07-17 number 7959	17 July 2026
Zambia Government Gazette dated 2026-07-17 number 96	17 July 2026
Zambia Government Gazette dated 2026-07-17 number 7956	17 July 2026