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Constitutional Court of Zambia - 2019 December

3 judgments
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3 judgments
December 2019
MWIYA MUTAPWE V SHOMENO DOMINIC (APPEAL NO. 19 OF 2017 2016/CC/A008) [2019] ZMCC 24 (11 December 2019)
Election nullification reversed where allegations of bribery, theft and violence were unproven and not shown to affect the voting majority.
  • Electoral law — election petitions — standard of proof (fairly high degree of convincing clarity) — s.97(2)(a) Electoral Process Act — corrupt and illegal practices by candidate or with candidate's knowledge/agent — requirement to prove effect on majority of voters; procedural rules — filing of answer under Local Government Elections Tribunals Rules; admissibility and corroboration of hearsay, partisan witnesses and confessions.
11 December 2019
Chama Mutambalilo v Attorney-General (8 of 2019) [2019] ZMCC 20 (9 December 2019)
The JSC may discipline judicial officers either on JCC recommendation or on its own initiation under Article 241(c); petition dismissed.
  • Constitutional law — judicial discipline — roles of JCC and JSC — Article 241(c) permits JSC to initiate investigations and receive complaints; Judicial Service Commission Regulations (S.I. No.8/1998) valid as consistent with Constitution; Disciplinary Code for Public Service may apply to subordinate magistrates for ordinary offences; Public Finance Management Act contraventions are for High Court jurisdiction
9 December 2019
Simutanda v Siame & Another (1 of 2019) [2019] ZMCC 19 (4 December 2019)
Placing a selected candidate on the chiefs' payroll is administrative, not constitutional recognition, so no breach of Articles 165 and 167.
  • Constitutional law — Chieftaincy succession — Article 165 (recognition of chiefs) — Article 167 (chiefs' privileges) — Payment of subsidies and placement on payroll not equivalent to constitutional recognition — Administrative acts versus recognition — Role of House of Chiefs and Chiefs Act.
4 December 2019