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Constitutional Court of Zambia - 2019 March

4 judgments
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4 judgments
March 2019
Access Bank Zambia Limited v Attorney-General (9 of 2018) [2019] ZMCC 21 (27 March 2019)
A materially defective record of appeal justifies dismissal; Article 118(2)(e) does not override mandatory procedural rules.
  • Constitutional law — Article 118(2)(e) — procedural technicalities — record of appeal — Supreme Court Rules (rules 10, 58, 68) — dismissal for defective record — jurisdiction to enforce Part III rights — right to fair hearing (Article 18(9)).
27 March 2019
Benjamin Mwelwa v Attorney-General (10 of 2017) [2019] ZMCC 3 (14 March 2019)
Suspending a magistrate for a judicial decision violated judicial independence; suspension declared unlawful and damages awarded.
  • Constitutional law — Judicial independence — Article 122 prohibition on interference with judicial functions — Suspension of magistrate for judicial decision unlawful; Administrative law — absence of statutory power in Chief Registrar to suspend judicial officers; Disciplinary procedure — distinction between unlawful suspension and separate misconduct proceedings before Judicial Service Commission; Remedies — expungement, back pay, general and exemplary damages, interest and costs.
14 March 2019
Benjamin Mwelwa V Attorney- General (CCZ 10 of 2017) [2019] ZMCC 23 (14 March 2019)
Suspension of a magistrate for referring a constitutional question was unlawful interference with judicial independence; suspension expunged and damages awarded.
  • Constitutional law — Judicial independence — Article 122(1)–(2) — unlawful suspension of magistrate for exercising judicial function; administrative law — Chief Registrar’s lack of power to suspend; discipline of judicial officers — separation of suspension and subsequent misconduct charge.
14 March 2019
Njeulu v Mubika (Appeal 9 of 2017) [2019] ZMCC 16 (7 March 2019)
Petitioner failed to prove widespread, attributable electoral misconduct required to void the election.
  • Electoral law — section 97(2)(a) Electoral Process Act — standard of proof in election petitions — candidate liability only for acts of named election/polling agents or acts with candidate's knowledge/consent — requirement that misconduct be widespread enough to affect majority of voters — need for corroborative documentary evidence (police/FRA records) for serious allegations.
7 March 2019