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Constitutional Court of Zambia - 2021 February

4 judgments
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4 judgments
February 2021
Bozy Simutanda (As Attorney for His Royal Highness Chief Tafuña of the Tafuna Chieftaincy) V Kaoma (As Chief Mukupa Kaoma) And Another (2020/CCZ/002) [2021] ZMCC 22 (12 February 2021)
Constitutional Court lacks jurisdiction over chieftaincy succession and criminal inquiries; amended petition dismissed with each party bearing costs.
  • Constitutional Court jurisdiction — Article 128 and Article 28 — chieftaincy succession not a constitutional question — criminal matters and restitution of evidence outside Constitutional Court jurisdiction — res judicata and finality of litigation.
12 February 2021
Wang Ying v Youjun Zhuang & 4 Others [2021] ZMCC 3 (10 February 2021)
Delay in transmission of a referral does not justify a duplicative constitutional petition; dismissal for abuse of court process.
  • Constitutional procedure — abuse of court process and duplicity of actions — filing a petition while a substantially identical High Court referral is pending — locus standi and statutory requirement for consent/leave under Corporate Insolvency Act considered but not decided.
10 February 2021
Youjun Zhuan & Another v Kingphar Company Zambia Limited & Another (None of 2020) [2021] ZMCC 4 (10 February 2021)
10 February 2021
Isaac Mwanza v The Electoral Commission of Zambia & Attorney-General (8 of 2020) [2021] ZMCC 2 (4 February 2021)
A councilor cannot rescind a resignation during the 30-day notice period; vacancy occurs when that period lapses.
  • Constitutional law — Resignation of elected local officials — Article 157(2)(b) — No provision for rescission during the 30-day notice period — Vacancy occurs at end of notice period — By-election timeframe (Article 57) runs from vacancy.
4 February 2021