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Constitutional Court of Zambia - 2016 August

2 judgments
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2 judgments
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