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Constitutional Court of Zambia - 2017 November

8 judgments
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8 judgments
November 2017
Katuka and Another v Attorney General and Others (10 of 2016; 11 of 2016) [2017] ZMCC 7 (17 November 2017)
17 November 2017
Maluba v Mwewa and Another (Appeal 4 of 2016) [2017] ZMCC 8 (17 November 2017)
17 November 2017
Richwell Siamunene v Sialubalo Gift (APPEAL NO. 15 of 2017) [2017] ZMCC 85 (17 November 2017)
Whether proven electoral violence and irregularities, tied to a candidate’s knowledge or consent, void an election.
  • Electoral law — election petitions — standard of proof higher than civil balance of probabilities — candidate liability only where misconduct done by candidate or with candidate’s/agent’s knowledge and consent — independent corroboration required for partisan witnesses — effect on majority of voters must be proved.
17 November 2017
Richwell Siamunene v Sialubalo Gift (APPEAL NO. 15 of 2017) [2017] ZMCC 86 (17 November 2017)
Appeal dismissed: misconduct proved in isolated instances but not shown to be widespread or to have prevented the majority choosing their preferred candidate.
  • Election law — undue influence and violence — section 83 and section 97(2)(a) EPA — candidate liability requires knowledge and consent — elevated standard of proof in election petitions — secrecy of ballot — need for cogent independent corroboration — appellate restraint on factual findings.
17 November 2017
Sibongile Mwamba v Kelvin Sampa and Anor (APPEAL NO. 2/2017) [2017] ZMCC 87 (17 November 2017)
Appeal dismissed: petitioner failed to prove corrupt practices or ECZ non‑compliance that affected the election result.
  • Electoral law — election petition — standard of proof in election petitions — corrupt and illegal practices (s97(2)(a)) — non‑compliance by election officers and effect on results (s97(2)(b)) — scope of s97(3) — evidential weight of GEN12/ECZ forms — limits on judicial notice.
17 November 2017
Steven Masumba v Elliot Kamondo (APPEAL NO. 17/ 2016) [2017] ZMCC 88 (17 November 2017)
Appellant failed to prove misconduct and that the majority were prevented from electing their preferred candidate, appeal dismissed.
  • Electoral Process Act s97(2) — election nullification threshold; election petitions — higher standard of proof; admissibility and weight of hearsay and partisan evidence; defamation/ill‑speaking, intimidation and political violence — proof required to show majority of voters prevented from electing preferred candidate.
17 November 2017
Sunday Chitungu Maluba v Mwewa & Another (CC/A 40 of 2016) [2017] ZMCC 83 (17 November 2017)
17 November 2017
Mumba v Nkombo and Others (5 of 2017) [2017] ZMCC 6 (16 November 2017)
16 November 2017