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Constitutional Court of Zambia - 2019 January

2 judgments
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2 judgments
January 2019
LIKUKELA V ATTORNEY GENERAL AND ORS (2018/CCZ/0011) [2019] ZMCC 25 (23 January 2019)
Petition seeking enforcement of Bill of Rights was wrongly brought in Constitutional Court and dismissed as abuse of process.
  • Constitutional jurisdiction — enforcement of Part III (Bill of Rights) — Articles 28 and 128 — wrong forum/abuse of process — frivolous and vexatious proceedings — civil restraint orders; procedural compliance for record complaints.
23 January 2019
Richard Sikwebele Mwapela v Chinga (None of 2016) [2019] ZMCC 22 (23 January 2019)
Petitioner failed to prove widespread corrupt practices under s.97(2)(a); election upheld and credibility findings affirmed.
  • Electoral law — s.97(2)(a) Electoral Process Act — void election — corrupt/illegal practices — bribery, distribution of goods, intimidation — standard of proof in election petitions: fairly high degree of convincing clarity — burden to prove candidate’s knowledge/consent or agent’s conduct — deference to trial judge on credibility and corroboration.
23 January 2019