Constitutional Court of Zambia - 2016

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8 judgments

Citation	Judgment date
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