Constitutional Court of Zambia - 2018 September

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3 judgments

Citation	Judgment date
September 2018
Robert Chiseke Taundi v Naluwa (Appeal 12 of 2017) [2018] ZMCC 253 (24 September 2018) Appeal dismissed for failure to prove bribery, violence, or widespread misconduct preventing majority voter choice. Electoral law — Election petition — Standard for nullifying parliamentary election — s97(2)(a) majority threshold — bribery and intimidation — hearsay admissibility — credibility of partisan witnesses.	24 September 2018
Taundi v Naluwa (Appeal 12 of 2017) [2018] ZMCC 251 (24 September 2018) Appellant failed to prove bribery, violence or misconduct sufficiently widespread to void the election. Electoral law — election petitions — admissibility of hearsay; standard of proof for nullifying elections under s97(2)(a) — requirement that corrupt/illegal acts be committed by candidate or with knowledge/consent of agent and be widespread to have prevented majority of voters from electing preferred candidate; bribery and electoral violence — necessity of corroboration and linkage to candidate; assessment of partisan witness credibility.	24 September 2018
Mutembo Nchito v Attorney General (29 of 2016) [2018] ZMCC 252 (7 September 2018) An application to issue subpoenas in the Constitutional Court requires leave by motion/notice and subpoenas duces tecum must specify documents; non-compliant subpoenas set aside. Civil procedure — subpoenas — Constitutional Court exercising original jurisdiction — default to Supreme Court Practice (1999) — Order 38 Rule 19(3) RSC — leave to issue subpoenas by motion/notice — subpoena duces tecum requires particularity of documents — grounds for setting aside: irregularity, oppression, confidentiality, privilege.	7 September 2018