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Constitutional Court of Zambia - 2020 July

2 judgments
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2 judgments
July 2020
Mwelwa v The Attorney General & Anor (CCZ 7 of 2020) [2020] ZMCC 14 (17 July 2020)
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.
17 July 2020
Law Association of Zambia & Chapter One Foundation Limited v The Attorney (13 of 2019; 14 of 2019) [2020] ZMCC 4 (3 July 2020)
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.
3 July 2020