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Citation
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Judgment date
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| December 2020 |
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Early retirement accepted by employer qualifies under Article 189(2); employee must be retained on payroll receiving salary until full pension payment.
Constitutional law – Article 189(1) & (2) – pension benefits – early retirement accepted by employer qualifies for constitutional protection – meaning of "retained on payroll" as continued salary payments until full liquidation of pension benefit – reinstatement to effect instalment payments insufficient.
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10 December 2020 |
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Accepted early retirement attracts Article 189(2) protection; employer must retain employee on payroll until full pension payment.
Constitutional law — pensions — Article 189(2) — meaning of "retained on the payroll" — early retirement accepted by employer qualifies for pension protection — payroll retention requires continued salary payments until full pension liquidation.
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10 December 2020 |
| November 2020 |
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Interlocutory motion dismissed; Article 154's interpretation on conditions of service requires full adjudication, not a preliminary ruling.
Constitutional interpretation – Article 154 – conditions of service for mayors and council chairpersons; procedure – issues in limine under Order 33 r7; requirement to file affidavit in opposition under Constitutional Court Rules; interlocutory motions vs merits determination.
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24 November 2020 |
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19 November 2020 |
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3 November 2020 |
| October 2020 |
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28 October 2020 |
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20 October 2020 |
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Court expunged several documents as irrelevant or unnecessary; affirmed judicial notice of statutes and authentication rules.
Civil procedure – discovery and inspection – timely objection to production of documents; Judicial notice – statutes and public Acts (Interpretation and General Provisions Act s.6(1)); Bills vs enacted law – draft Bills are proposed law and not admissible in place of enacted provisions; Parliamentary materials – debates and committee reports as opinion evidence; Authentication of foreign/public documents – requirements under Authentication of Documents Act; Interlocutory expunction of documents.
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16 October 2020 |
| September 2020 |
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A party seeking to correct a full Court judgment must obtain leave of the full Court; an extension to file that application is competent.
Constitutional Court procedure – correction of accidental slips or omissions – Order XV Rules 3(1) and 7 CCR – extension of time by single Judge – requirement of leave of full Court where judgment delivered by full Court.
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20 September 2020 |
| July 2020 |
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Court exercised discretion to allow respondent to file Answer out of time and awarded costs to the petitioner.
Civil procedure — Extension of time — Order XV Rule 7 Constitutional Court Rules and Order 3 Rule 5(2) White Book — Court’s discretion to extend time after expiry — considerations: reasons for delay, inordinate delay, prejudice and costs.
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17 July 2020 |
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The Constitutional Court ruled it lacks jurisdiction to quash or examine the contents of a bill proposing constitutional amendments.
Constitutional law — jurisdiction of Constitutional Court — pre-enactment review of bills — Article 128 — limits on challenging proposed legislation; Constitutional amendment — Article 79 formalities; national values and principles (Articles 8, 9, 61) — procedural legitimacy and public participation; doctrine of exclusive cognisance — limited where constitutional breaches alleged; dissent — preventive review to protect constitutional values.
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3 July 2020 |
| May 2020 |
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29 May 2020 |
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Article 189(2) protects retirees retained on the payroll; "salary" may include payroll allowances such as housing and utilities.
Constitutional law — Article 189(2) — meaning of "salary" — payroll entitlements — allowances (housing, utilities) may form part of last salary — Public Service Management Division Circulars — partial invalidation of administrative circulars — purposive interpretation.
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20 May 2020 |
| April 2020 |
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Court granted extension to seek leave to correct an alleged accidental omission, guided by promptness and prejudice.
Constitutional Court procedure – extension of time under Order XV r7 CCR – correction of accidental omission – discretionary relief guided by promptness and prejudice – duty to do substantive justice (Article 118).
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24 April 2020 |
| February 2020 |
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A committal notice must state on its face the exact particulars of alleged contempt; failure to do so is fatal.
Contempt of court — committal proceedings — Order 52 White Book — notice must be headed in the main action — particulars of alleged contempt must appear on the face of the notice or in an attached schedule — cannot rely on affidavit for particulars — failure to particularise is fatal.
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19 February 2020 |
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Court held Speaker exceeded powers by interpreting Article 72 and ruling on a sub judice matter; petition dismissed, each party to bear own costs.
Constitutional law – Separation of powers – Parliamentary exclusive cognisance – limits where alleged constitutional breach occurs; Speaker’s power to regulate proceedings; interpretation of the Constitution is a judicial function; sub judice rule and waiver; Article 72 (vacation of parliamentary seat), Article 77(1), Article 119; declaratory relief and justiciability when by-election and third-party interests exist.
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18 February 2020 |
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Section 97(2)(b) applies to ECZ conduct; widespread third‑party violence alone did not annul the Sesheke by‑election.
Electoral law – Electoral Process Act s.97(2)(b) – pertains to conduct of elections by the Electoral Commission of Zambia; annulment threshold – attributable misconduct; relevance of Josephat Mlewa under current law; electoral violence and burden of proof in election petitions.
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5 February 2020 |
| January 2020 |
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Whether Article 104(3) requires the Speaker to perform presidential functions when a petition under Article 101(4) is filed.
Constitutional law – Presidential election petitions – Interpretation of Articles 101, 102, 103 and 104 – Applicability of Article 104(3) and Speaker's assumption of executive functions.
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30 January 2020 |