Constitutional Court of Zambia - 2016 August

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2 judgments

Citation	Judgment date
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