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Constitutional Court of Zambia - 2021 January

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1 judgment

January 2021

Bric Back Limited T/A Gamwame Ranches v Kirkpatrick (2 of 2020) [2021] ZMCC 1 (29 January 2021)

The Constitutional Court lacks jurisdiction to hear appeals against a presiding court’s refusal to refer constitutional questions, except election appeals.

Constitutional Court — Jurisdiction — Article 128(1)(d) limits appeals to parliamentary and local government election petitions — Referral of constitutional questions under Article 128(2) — No appellate route to Constitutional Court for refusals to refer — Proper procedure: stay proceedings and commence original action in Constitutional Court.

29 January 2021