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Constitutional Court of Zambia - 2019 May

3 judgments
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3 judgments
May 2019
Public Protector for the Republic of Zambia v Indeni Petroleum Refinery Company Limited (1 of 2018) [2019] ZMCC 6 (28 May 2019)
The Public Protector is an investigatory constitutional office, not a court, and is subject to High Court judicial review.
  • Constitutional interpretation — Public Protector’s constitutional status and powers — Whether Public Protector is a court — Scope and limits of Article 244(5) — Article 245 limitations — Judicial review under Article 267(4).
28 May 2019
Bernard Shajilwa & Others v Attorney-General & Others (4 of 2018) [2019] ZMCC 4 (21 May 2019)
Placing a purported chief on payroll is an administrative act, not constitutional "recognition", and customary selection disputes are non-constitutional.
  • Chieftaincy — Article 165 — meaning of "recognition"; Administrative acts (payroll/subsidy) distinguished from formal recognition; Jurisdiction — constitutional court does not decide non-constitutional customary selection disputes; Chiefs Act s.3 (pre-2016) and effect of 2016 constitutional amendment; Limits of judicial intervention in traditional succession disputes.
21 May 2019
Martin Chitondo & Others v The Attorney General (2 of 2019) [2019] ZMCC 5 (17 May 2019)
The new Local Government Act prescribes two-and-a-half-year deputy terms and allows incumbents to seek re-election.
  • Constitutional interpretation — Article 154(1) ‘as prescribed’ — effect of repeal and replacement of earlier Local Government Act — Local Government Act No. 2 of 2019 prescribes two-and-a-half-year terms for deputy mayors and deputy council chairpersons and allows one further re-election — incumbents preserved and eligible under section 82(3).
17 May 2019