Constitutional Court of Zambia - 2018 October

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2 judgments

Citation	Judgment date
October 2018
Margaret Mwanakatwe v Scott & Another (Appeal 14 of 2016) [2018] ZMCC 257 (31 October 2018) Whether alleged bribery, misuse of state resources, racial remarks, police conduct and violence nullified the parliamentary election. Election law — Electoral Process Act s97(2)(a),(b) — standard of proof in election petitions — corrupt/illegal practices and widespread effect — role of Electoral Commission vs police in conduct of elections — alleged vote-buying (boreholes, gifts, cash), misuse of government resources, campaign violence, and admissibility of electronic evidence admitted by consent.	31 October 2018
Mcqueen Zenzo Zaza v Zesco Limited (6 of 2018) [2018] ZMCC 255 (25 October 2018) Whether the applicant was entitled to remain on the respondent’s payroll under Article 189 after later-corrected terminal benefit underpayments. Constitutional law — Articles 187–189 and 266 — definition of "pension benefit" — instalment versus lump-sum payments — payroll retention pending payment — underpayments discovered by litigation — burden of proof on claimant.	25 October 2018