The 2019 case of John Muyabi v. Thandiwe Banda & The Attorney General centers on the distinction between an employee and an independent contractor under Zambian employment law. John Muyabi, the appellant, sought damages for the alleged breach of an oral employment contract, claiming wrongful termination by the respondents, Thandiwe Banda and the Attorney General.

The primary issue before the court was whether an employment relationship existed between Muyabi and the respondents. The appellant contended that he was employed under an oral agreement, while the respondents argued that he was engaged as an independent contractor, which would exclude him from the protections afforded to employees under Zambian Labour law.

The court ruled against Muyabi, determining that he had failed to provide sufficient evidence to prove the existence of an employment contract. It concluded that the relationship between the parties was that of an independent contractor rather than an employee. The court emphasized that the burden of proof rested on the claimant to establish the terms of the employment relationship.

This case underscores the importance of clarity in contractual agreements, particularly in distinguishing between employees and independent contractors. It also highlights the need for written contracts to avoid legal disputes and ensure that the nature of the working relationship is clearly defined. The ruling serves as a reminder to both employers and workers of the importance of formalizing employment terms to prevent ambiguity and potential litigation.