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Constitutional Court of Zambia - 2016 September

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1 judgment

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