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Constitutional Court of Zambia - 2016

8 judgments
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8 judgments
December 2016
MWIYA MUTAPWE AND SHOMENO DOMINIC (APPEAL NO. 19 OF 2017) [2016] ZMCC 10 (11 December 2016)
Petitioner failed to prove corrupt practices and widespread effect to void the election; nullification reversed.
  • Electoral law — election petitions — section 97(2)(a) Electoral Process Act — standard of proof in election petitions (fairly high degree of convincing clarity) — attribution to candidate via appointed election/polling agent or knowledge/consent/approval — hearsay and need for corroboration — effect on majority of voters required to void election — pleadings and failure to file answer.
11 December 2016
November 2016
Mulenga Sata v Given Lubinda and Others (None of 2016) [2016] ZMCC 7 (23 November 2016)
23 November 2016
Henry Kapoko v The People (23 of 2016) [2016] ZMCC 6 (7 November 2016)
Article 118(2)(e) does not abolish procedural rules; sections 207 and 208 remain valid to protect fair trial and truth-finding.
  • Constitutional interpretation — Article 118(2)(e): undue regard to procedural technicalities — scope and application; Criminal Procedure Code — sections 207 & 208 — order of defence evidence; procedural rules vs technicalities; fair trial and truth-finding.
7 November 2016
October 2016
Hichilema and Another v Lungu and Others (34 of 2016) [2016] ZMCC 5 (31 October 2016)
31 October 2016
September 2016
Hakainde Hichilema and Anor v Edgar Chagwa Lungu and Ors (2016/CC/0031) [2016] ZMCC 9 (5 September 2016)
Whether the Constitutional Court may hear a presidential election petition after the constitutionally mandated 14‑day period expired.
  • Constitutional law — presidential election petitions — Article 101(5) — mandatory fourteen‑day hearing period — computation of time (Article 269) — no power to enlarge constitutional time limits — dismissal for want of prosecution; dissent: purposive interpretation, implied powers (Article 271), and right to be heard (Article 118).
5 September 2016
August 2016
Katuka and Law Association of Zambia v Attorney-General and 64 Others (10 of 2016; 11 of 2016) [2016] ZMCC 1 (15 August 2016)
Court held Vice‑President may remain until inauguration; Ministers and abolished deputy ministers' post‑dissolution tenure was unlawful and refunds ordered.
  • Constitutional interpretation — dissolution of Parliament — tenure of Vice‑President, Cabinet and Provincial Ministers — abolition and transitional tenure of Deputy Ministers — repayment of emoluments — purposive interpretation to avoid power vacuum.
15 August 2016
Katuka v Electoral Commission of Zambia (25 of 2016) [2016] ZMCC 2 (9 August 2016)
Absent formal written notification to the Electoral Commission, media reports and silence do not establish a candidate's resignation under Article 52(6).
  • Constitutional law — Article 52(6) — Withdrawal or resignation of candidate after close of nominations — Requirement of formal notification to Electoral Commission — Media reports and rumours insufficient — Burden of proof on petitioner.
9 August 2016
July 2016
Noel Siamoondo and Ors v The Electoral Commission of Zambia and Anor (2016/CC/0009) [2016] ZMCC 8 (16 July 2016)
Article 60(1)(b) and article 266 do not bar political parties from sponsoring candidates for election as councillors.
  • Constitutional law — interpretation of articles 60(1)(b) and 266 — political parties' right to sponsor candidates — councillors; statutory interpretation — ejusdem generis, expressio unius, purposive vs literal approaches; local government autonomy — does not prohibit party sponsorship; subsidiary legislation challenge moot where repealed; public interest litigation — each party to bear own costs.
16 July 2016