Results.
268 judgments found.
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| May 2026 |
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Whether ministerial power to suspend elected councils and appoint administrators violates constitutional local‑government autonomy.
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Constitutional law — Local government — Suspension of elected councils and appointment of administrators — Whether ministerial suspension and replacement of councils breaches Articles 147(3), 152(2) and 156 of the Constitution
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11 May 2026 |
| April 2026 |
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A statutory residence‑permit requirement for "ordinarily resident" is invalid to the extent it narrows the constitutional definition.
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Constitutional law
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Citizenship — Definition of "ordinarily resident" — Whether statutory requirement of a residence permit is consistent with Article 266
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Supremacy of the Constitution — Validity of statutory provisions inconsistent with constitutional definitions — Invalidation to extent of inconsistency
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Amendment procedure — Whether an ordinary Act can effect constitutional amendment — Article 79 (procedure required)
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27 April 2026 |
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Respondent’s failure to enact Article 60(4) political-party legislation is unconstitutional; Respondent ordered to legislate within 12 months.
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Constitutional duty to legislate — Article 60(4) — political parties regulation — justiciability of omissions — Societies Act read-in conformity with Constitution — enforceability of Articles 45 and 60(2) — separation of powers and remedies
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2 April 2026 |
| March 2026 |
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Challenge to sequencing of delimitation and voter registration dismissed; delimitation disputes governed by Article 58(7) and no required sequence exists.
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Constitutional law — delimitation of constituencies — Article 58(7) special review mechanism; delimitation need not precede voter registration; Act No.13/2025 increases constituencies; ripeness/prematurity of constitutional challenges; independence of Electoral Management Body
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30 March 2026 |
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Whether non‑implementation of statutory climate mechanisms constitutes a justiciable constitutional violation.
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Constitutional law — Article 257(g) duty to address climate change — Green Economy and Climate Change Act (GECCA) — IMRV System, Climate Change Fund, Climate Change Register — statutory compliance vs. constitutional question — jurisdiction and justiciability — referral under Article 128(2).
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25 March 2026 |
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An MP’s imprisonment automatically vacates the seat; an appeal does not suspend the vacancy or by-election timeline.
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Constitutional law — Parliamentary privilege limited to proceedings; Imprisonment disqualifies MP under Art 70(2)(f) and vacates seat under Art 72(2)(b); pending appeal does not suspend vacancy or by-election timelines; Article 128 references decided on the referring court’s record; Chilangwa affirmed.
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25 March 2026 |
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Whether Article 76 parliamentary privilege protects media statements made within National Assembly precincts.
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Constitutional jurisdiction — Article 128(2) referral obligation; Parliamentary privilege — Article 76 freedom of speech limited to formal proceedings; Press briefings and media statements within precincts not protected; Justiciability of internal parliamentary matters.
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19 March 2026 |
| February 2026 |
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Constitutional Court lacks jurisdiction to review High Court interlocutory orders affecting the Bill of Rights; applicants should appeal.
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Constitutional jurisdiction — Article 128(1) limited by Article 28 — Bill of Rights matters (Articles 11–26) to be determined by High Court and Supreme Court — High Court interlocutory/procedural orders — limits on use of Constitutional Court originating summons for abstract interpretation — abuse of process — remedy by appeal.
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24 February 2026 |
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Discontinuance of constitutional petitions must follow Order X rule 3; consent summons under Practice Direction 11 is impermissible.
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Constitutional Court practice — discontinuance/withdrawal — Order X rule 3 mandatory — consent summons/Practice Direction No.11 inapplicable — notice and service — full Court where cause-listed — costs and public interest.
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11 February 2026 |
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Petitioners permitted to discontinue under Order X Rule 3; court declined respondent's request for costs, ordering each party to bear own costs.
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Constitutional procedure — Discontinuance under Order X Rule 3 — Court’s discretionary power to allow withdrawal before judgment; Costs — section 30 CCA — discretion to award costs where litigation is frivolous or vexatious; Prima facie finding — relevance to denying costs.
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10 February 2026 |
| January 2026 |
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Whether a parliamentary seat is vacant immediately on party expulsion or only after court confirmation or lapse of challenge period.
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Constitutional law — Article 72(2)(e) expulsion — Vacancy of parliamentary seat — Judicial review under Article 72(5)-(7) — Role of High Court (s.96 Electoral Process Act) — Speaker's mechanical duty to inform ECZ once vacancy arises.
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28 January 2026 |
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A challenge to the JCC's report and removals must proceed by judicial review in the High Court, not by original petition here.
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Constitutional jurisdiction — Judicial Complaints Commission as inferior administrative body — proper remedy is judicial review in High Court — Article 128(2) referral of constitutional questions — limits of Constitutional Court's original jurisdiction.
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20 January 2026 |
| December 2025 |
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Issuance of newly created shares (subscription) did not amount to disposal of State equity triggering Article 210 parliamentary approval.
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Constitutional law — Article 210 — major State asset — meaning of "equity held by the Government" — share subscription vs sale/transfer — enabling legislation required for Article 210 to be operational.
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18 December 2025 |
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Renewal before the full Court is the proper route to challenge a single judge's interlocutory ruling; late conservatory relief denied.
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Constitutional procedure — interlocutory applications — renewal before full Court vs appeal; conservatory/interim relief — prima facie case, irreparable harm, public interest; mootness and timing; limited use of English "White Book"; discouragement of "motion on motion".
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16 December 2025 |
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Whether the applicant proved a prima facie constitutional breach and irreparable harm to justify staying judicial appointments.
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Constitutional law — interim/conservatory relief — judicial appointments — transparency, merit and inclusivity — prima facie case — irreparable harm — public interest — recommendatory role of Judicial Service Commission.
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11 December 2025 |
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Application for contempt dismissed for being procedurally misconceived for failing to invoke a proper rule or authority.
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Constitutional Court — contempt proceedings — interlocutory application — Order 9 Rule 20(1) only prescribes mode of commencement — must invoke specific rule or statutory authority — interlocutory relief inappropriate after final determination — procedural misconceived application dismissed.
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10 December 2025 |
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Court granted joinder to two intended interested parties, holding standing rules broad and persons may appear in person.
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Constitutional procedure — joinder of interested parties — Order V r.6 and Rule 2 CCR — standing: identifiable legal interest, stake, or duty — persons and associations may appear in person — prematurity not fatal where no answer filed.
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8 December 2025 |
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The Court held that constitutional challenges implicating the President must proceed against the Attorney-General; the President has immunity from personal civil suits.
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Constitutional law — presidential immunity (Article 98(1)) — State Proceedings Act s12 — Attorney-General as proper respondent (Article 177(5)(c)) — misjoinder — constitutional proceedings as civil proceedings — eligibility/disqualification challenges pre-nomination — costs against counsel.
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5 December 2025 |
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Court dismissed application to disqualify petitioners' counsel for alleged conflict absent evidence of confidential information or real prejudice.
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Practice and procedure — Conflict of interest — Rule 33(1)(f) & (g) Legal Practitioners' Practice Rules — Disqualification of counsel requires evidence of confidential information relevant to the new matter and a real risk of prejudice; mere employment or listing on letterhead insufficient.
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5 December 2025 |
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Court refused stay of Speaker's vacancy ruling absent special and convincing grounds; merits not to be decided interlocutorily.
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Constitutional law — interlocutory relief — stay of Speaker's ruling vacating parliamentary seat — Article 72(2)(c) prescribed code of conduct — Standing Orders v Act — requirement for special and convincing grounds — judicial restraint on merits at interlocutory stage.
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4 December 2025 |
| November 2025 |
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The Constitutional Court held the Attorney General may represent the Speaker as the legal representative of 'Government' and ordered joinder of the Attorney General.
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Constitutional law — scope of "Government" in Article 177 — Attorney General’s mandate to represent Government including Legislature — separation of powers — joinder of Attorney General as proper respondent — procedural competence of Notice of Motion to determine representation.
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28 November 2025 |
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A pension-quantum and payroll dispute is a labour matter for the Industrial Relations Division, not the Constitutional Court.
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Constitutional jurisdiction — pension disputes — Articles 187, 188, 189 and 266 — Public Service Pensions Act — payroll retention and allowances — qualification and computation of pension benefits — Industrial Relations Division jurisdiction.
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27 November 2025 |
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Declaratory relief was academic; transitional Act provisions governed eligibility, and Article 267(3)(b)(c) did not affect the Court’s decision.
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Constitutional law — declaratory relief discretionary and academicity — transitional provisions in amendment Act — applicability of Article 106 to a president whose term straddled constitutional regimes — Article 267(3)(b)(c) not relevant to eligibility — per incuriam and inherent jurisdiction.
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27 November 2025 |
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Application to suspend a presidentially appointed constitutional Technical Committee dismissed for failing to show irreparable harm.
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Constitutional procedure — interim/conservatory orders — tests: prima facie case, irreparable harm, public interest/balance of convenience — limits of single-judge interlocutory jurisdiction — presidential power to appoint technical committee under Articles 91(2)(f) and 92 — reliance on Munir Zulu guidance.
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25 November 2025 |
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The applicant’s challenge to the Court of Appeal was a veiled appeal, not a constitutional question; petition dismissed with costs.
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Constitutional jurisdiction — Article 128 — appellate jurisdiction — Article 131 — jurisdictional error — procedural versus constitutional questions — abuse of process — multiplicity of actions — judicial authority (Articles 118, 119).
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18 November 2025 |
| October 2025 |
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Court held section 5(1) did not unlawfully expand the Emoluments Commission’s mandate; petition dismissed.
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Constitutional law — Emoluments Commission — Scope of mandate — "Public officers" v "State institutions" — Article 266 definition; Consolidated Fund (Art.265) as criterion — petition improperly used to seek interpretation (originating summons required).
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3 October 2025 |
| September 2025 |
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30 September 2025 |
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Whether a local authority resolution increasing advertising fees is a statutory instrument requiring gazetting and reporting under Articles 67 and 199.
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Local government powers — billboards and advertising fees — statutory instrument (Art. 266) — publication in Gazette (Art. 67(2)) — variation/reporting of taxes/fees (Art. 199(2),(3)) — private commercial function v delegated legislation — locus standi — multiplicity of actions.
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30 September 2025 |
| August 2025 |
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Petitioner had standing but challenge to parliamentary vacancy improperly filed in Constitutional Court; vacancy questions fall to High Court/tribunal under section 96 EPA.
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Constitutional procedure — locus standi (generous, public-interest standing) — jurisdiction — vacancy of parliamentary seat to be determined under section 96 Electoral Process Act by High Court/tribunal — proper mode of commencement (petition vs originating summons) — Petition dismissed for improper forum and defective pleading.
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27 August 2025 |
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A single judge may grant an extension to file amicus materials; delay condoned in the interests of justice, but costs awarded.
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Constitutional procedure — interlocutory applications — single judge jurisdiction; Extension of time — Order 15 r.7 CCR and Order 3 r.5 RSC — discretionary relief; Amicus curiae — non‑compliance with 'unless' order — condonation; Exercise of discretion — reasons for delay, inordinate delay, prejudice; Costs — procedural default attracts costs.
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25 August 2025 |
| July 2025 |
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Article 266 defines a child as any person below eighteen; attaining eighteen confers adult status under the Constitution.
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Constitutional interpretation — Article 266 — meaning of 'child' — purposive approach — age of majority eighteen — consistency with CRC and AFRWC — referral under Article 128(2).
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28 July 2025 |
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Constitutional Court lacked proper forum for Bill of Rights challenge to Penal Code; petition dismissed and costs borne by parties.
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Constitutional jurisdiction — Article 128 subject to Article 28 — Bill of Rights jurisdiction lies first with the High Court; criminalisation of 'unnatural' sex — vagueness, overbreadth and discrimination challenges; national values (Article 8) not independently justiciable.
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25 July 2025 |
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A citizen acting in the public interest has standing to challenge alleged constitutional contraventions before the Constitutional Court.
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Constitutional law — locus standi — public‑interest standing under Articles 1, 2, 43(2)(a) and 128; Constitutional Court Act s11(2)(c); Judicial Complaints Commission — qualifications, jurisdiction and procedure; in‑camera proceedings; res judicata.
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23 July 2025 |
| June 2025 |
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Court holds it can review pre‑Bill executive initiation of constitutional amendments and requires people‑driven wide consultations.
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Constitutional law — jurisdiction under Article 128(3)(c) to challenge pre‑Bill acts/omissions initiating constitutional amendments — People as constituent power — requirement for wide, people‑driven consultations at initiation — interaction with Article 79 amendment procedure — split decision.
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27 June 2025 |
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A pre-2016 pension dispute is a labour matter and outside the Constitutional Court’s jurisdiction.
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Constitutional Court jurisdiction — Article 128(1)(b) — constitutional interpretation and contravention — labour/employment dispute — Industrial Relations Division exclusive jurisdiction — pension entitlement — Article 189(2) non‑retrospectivity (2016 amendment).
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19 June 2025 |
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Imprisonment automatically vacates a parliamentary seat; appeals do not suspend the constitutional vacancy or by-election.
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Constitutional law — Articles 70(2)(f), 72(2)(b) and 57(1) — automatic vacancy on imprisonment — no stay pending appeal — binding effect of full-bench precedent — interlocutory relief and public interest.
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4 June 2025 |
| April 2025 |
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The Constitutional Court has no jurisdiction under Article 128(2) to stay subordinate court proceedings; the trial court must stay and refer constitutional questions.
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Constitutional Court jurisdiction — Article 128(2) — duty of presiding officer of court to stay proceedings and refer constitutional questions — Constitutional Court lacks power to stay subordinate court proceedings — parliamentary privilege procedural remedy.
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7 April 2025 |
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Constitutional petitions are not governed by the Limitation Act 1939, but inordinate unexplained delay may justify dismissal.
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1 April 2025 |
| March 2025 |
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Interlocutory subpoenas denied for lack of prior steps, specificity, and demonstrated relevance to Article 210 challenge.
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Constitutional Court procedure — interlocutory applications — summons vs notice of motion; section 13 CCA — power to summon witnesses and compel documents; requirements for subpoenas — prior voluntary approach, specificity, relevance, necessity; protection against fishing expeditions and confidentiality/third-party interests; Article 210 — parliamentary approval for disposition of major state assets (context).
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24 March 2025 |
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A petitioner cannot file a new petition to challenge another pending petition; proper remedy is joinder, and such filings may be abuse of process.
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Constitutional jurisdiction — Article 128 — meaning of 'matter relating to a contravention' — constitutional question requirement — no procedure to challenge a pending petition by filing a fresh petition — joinder is appropriate remedy — abuse of process/forum shopping — costs.
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24 March 2025 |
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Challenge to section 21(4) dismissed: statutory certificate procedure and alternative remedies render it not unconstitutional on these facts.
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Constitutional law — execution against the State — State Proceedings Act s21(4) and s21(1)–(3); judicial delay (Art.118(2)(b)); applicability of Art.160 (local authorities); remedies against the State (mandamus, Public Finance Management Act, Compensation Fund); requirement to plead sufficient facts when challenging constitutionality.
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6 March 2025 |
| February 2025 |
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Regulation 10A validly limits judicial review of lawful military dismissals but does not protect invalid decisions.
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Constitutional law — ouster/privative clause — Regulation 10A (Defence Officers) — scope of judicial review; separation of powers — executive power over Defence — requirement of Commander’s recommendation and prescribed statutory conditions for lawful dismissal; pensions law — PSPA supersedes Defence pension regulations; limits of Constitutional Court jurisdiction as to employment remedies.
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20 February 2025 |
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Applicants who retired before 2016 cannot rely on Article 189; their pension disputes against respondent are private law matters.
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Constitutional law — Pensions: Article 187 and 189 — No retrospective application to retirees before 2016 amendment; Pension law — LASF membership limited to specified public bodies; Private occupational pension schemes (ZSIC) regulated by PSRA; Jurisdiction — Constitutional Court not forum for private employment/pension disputes; Administrative policy (FIFO) not inherently unconstitutional.
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13 February 2025 |
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Imprisonment of an MP automatically vacates the seat and triggers a by-election; appeals do not suspend that process.
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Constitutional law — Representation of the people — Article 70(2)(f) and Article 72(2)(b) — Automatic vacation of parliamentary seat on imprisonment — By-election triggered under Article 57(1) — Appeal does not suspend vacancy — Judicial review excluded except nomination challenge under Article 52(4).
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10 February 2025 |
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Constitutional values alone do not found Constitutional Court jurisdiction; a specific constitutional question is required.
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Constitutional jurisdiction — limits of Constitutional Court — national values and principles (Arts. 173, 216) not independently justiciable — interpretation vs. administrative/judicial review — requirement for specific constitutional question to invoke jurisdiction.
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6 February 2025 |
| December 2024 |
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Whether transitional savings preserved the repealed term‑limit regime, rendering the former president ineligible for future presidential elections.
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Constitutional interpretation; transitional provisions (Act No.1 of 2016, ss.2 & 7); repealed Article 35 (1991 Constitution); Article 106(3) term limits; per incuriam and stare decisis; res judicata; eligibility to stand for presidency.
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10 December 2024 |
| November 2024 |
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Originating summons for abstract interpretation of Article 74(2) dismissed as the dispute is personalized, contentious and requires trial.
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Constitutional interpretation — Originating summons — Criteria for abstract interpretation: questions must be sole constitutional questions, general (non-personalized), prospective and non-contentious — Article 74(2) (Leader of the Opposition) — Disputed party processes and Speaker’s role — Suitability for interpretation declined.
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13 November 2024 |
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Context determines whether an indigenous word is insulting; contextual evidence lacking, petition dismissed and costs awarded.
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Constitutional law — alleged insulting public language by President — contextual interpretation of indigenous language — proof required to show constitutional breach — petitions lacking contextual evidence may be dismissed as frivolous and vexatious — costs awarded.
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11 November 2024 |
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Court granted extension to file a reply, finding an inadvertent date misunderstanding and no prejudice to the applicant.
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Civil procedure — Extension of time under Order XV, rule 7 CCR — Discretionary relief for filing out of time — Inadvertent misunderstanding of orally pronounced date as sufficient ground — Consideration of promptness and prejudice — Costs not awarded.
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5 November 2024 |
| October 2024 |
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An interim stay cannot be granted where the presidential suspension has already been implemented; single judge declined to decide standing.
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Constitutional procedure — interim relief in original jurisdiction — Order X Rule 2 and Order IX Rule 20 CCR — locus standi — single judge v full Court competence — stay of decision unavailable once decision implemented — res judicata and JCC disciplinary process.
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29 October 2024 |