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Constitutional Court of Zambia - 2021 November

3 judgments
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3 judgments
November 2021
Charles Chihinga v New Future Financial Company Limited (2020/CCZ/003) [2021] ZMCC 23 (29 November 2021)
A contractual dispute alleging abuse by a lender was dismissed for want of constitutional jurisdiction; national values are not independently justiciable.
  • Constitutional jurisdiction — national values and principles (Articles 8 & 9) guide interpretation but are not independently justiciable — Constitutional Court limited to matters of constitutional interpretation or alleged contraventions (Article 128) — contractual/statutory disputes fall outside Constitutional Court’s original jurisdiction.
29 November 2021
AUTRY CHANDA V THE ATTORNEY GENERAL (2021/CCZ/0039) [2021] ZMCC 20 (24 November 2021)
Constitutional Court upheld enforcement of Supreme Court time limits, holding procedural rules cannot be bypassed as mere technicalities.
  • Constitutional jurisdiction — Article 118(1) and 118(2)(e) — procedural technicalities — enforcement of court rules — Rule 48(5) time limits — discretionary dismissal by Supreme Court — limits on Constitutional Court review.
24 November 2021
Sampa v Mundubile and Anor (High Court Civil Cause 27 of 2021) [2021] ZMCC 16 (22 November 2021)
Petitioner failed to prove misconduct by the candidate or his election agent that could void the election under section 97(2)(a) EPA.
  • Electoral law — Election petitions — Section 97(2)(a) EPA — Standard of proof (fairly high degree of convincing clarity) — Liability limited to acts of candidate or duly appointed election/polling agents — Need for corroboration of partisan evidence — Absence from totaling centre not fatal (s36).
22 November 2021