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Constitutional Court of Zambia - 2020 February

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3 judgments
February 2020
THE LAW ASSOCIATION OFZAMBIA AND TUTWA NGULUBE (PETITION NO. 13/CCZ/2019) [2020] ZMCC 16 (19 February 2020)
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.
19 February 2020
Kambwili v Attorney-General (9 of 2019) [2020] ZMCC 2 (18 February 2020)
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.
18 February 2020
Dean Masule v Kangombe (None of 2019) [2020] ZMCC 3 (5 February 2020)
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.
5 February 2020