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Constitutional Court of Zambia - 2018 March

6 judgments
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6 judgments
March 2018
Hichilema and Ors v Government of the Republic of Zambia (CCZ 6 of 2017) [2018] ZMCC 263 (28 March 2018)
Whether the Constitutional Court can reopen a pending interlocutory application where the dismissed parallel proceeding is under appeal.
  • Constitutional Court procedure — interlocutory applications — Order IX rule 20 — reopening/rehearing pending applications — inherent jurisdiction — effect of appeal reviving dismissed proceedings.
28 March 2018
Mubika v Pelekelo (Appeal 18 of 2017) [2018] ZMCC 266 (28 March 2018)
Tribunal’s nullification set aside for reliance on uncorroborated partisan evidence; appellant reinstated as duly elected councillor.
  • Election law; local government election petitions — standard of proof (fairly high degree of convincing clarity); corroboration of partisan witnesses; bribery, undue influence and violence allegations; procedural compliance with Election Tribunal Rules (Answer filed out of time).
28 March 2018
Changano Kakoma v Mulonda (Appeal 5 of 2017) [2018] ZMCC 8 (22 March 2018)
22 March 2018
Imbuwa v Mundia (Appeal 11 of 2016) [2018] ZMCC 265 (19 March 2018)
Court overturned election nullification, finding character‑assassination allegations insufficiently proved to void the election.
  • Electoral law — Election petitions — Standard of proof higher than balance of probabilities; section 97(2)(a) E.P
  • Act — Character assassination allegations — Partisan witnesses require corroboration — Hearsay and judicial notice limitations
19 March 2018
Imbuwa v Mundia (Appeal 11 of 2016) [2018] ZMCC 9 (19 March 2018)
19 March 2018
Margaret Mwanakatwe v Charlotte Scott and Anor (2016/CC/A018; APPEAL NO. 14 OF 2016) [2018] ZMCC 271 (19 March 2018)
Full bench cannot rehear a single‑judge interlocutory ruling; constitutional interpretation must be commenced by originating summons.
  • Constitutional Court jurisdiction — interlocutory matters — rehearing by full bench — mode of commencement for constitutional interpretation — originating summons required — appeal from single Judge; procedural compliance under Court Rules and White Book practice.
19 March 2018