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Constitutional Court of Zambia - 2022 January

4 judgments
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4 judgments
January 2022
Lieutenant Muchindu v Attorney General (CCZ 34 of 2021) [2022] ZMCC 2 (27 January 2022)
Whether unpaid non-statutory terminal benefits entitle a retiree to payroll retention under Article 189(2).
  • Constitutional law — pension benefit — meaning under Article 266; Article 189(2) retention on payroll applies only to unpaid statutory pension benefits; terminal benefits distinguished from pension benefits; petition dismissed for lack of constitutional question.
27 January 2022
Kolala v Zambia Postal Services Corporation (CCZ 16 of 2021) [2022] ZMCC 28 (26 January 2022)
Voluntary resignation does not attract Article 189(2) payroll retention; unpaid gratuity is an employment dispute.
  • Constitutional law — Article 189(2) retention on payroll — "pension benefit" includes gratuity (Article 266) — voluntary resignation does not trigger Article 189(2); unpaid gratuity and salary arrears are employment disputes for the Industrial Relations Division; procedural sufficiency of an Answer as notice to defend under Order 14A.
26 January 2022
Shah and Anor v The Attorney General (CCZ 17 of 2021) [2022] ZMCC 3 (25 January 2022)
Petition alleging selective non-payment by the Attorney General dismissed; Compensation Fund regime governs state judgment debt payments.
  • Compensation Fund (Article 209) — applicability to pre-2016 judgment debts — Compensation Fund Act No. 43 of 2016; Attorney General's role in payment of judgment debts; constitutional jurisdiction and pleading requirements; res judicata.
25 January 2022
Mutwena v Attorney (CCZ 38 of 2021) [2022] ZMCC 31 (19 January 2022)
Court refused to interpret Article 52(6) because the applicant’s challenge was speculative, academic and lacked a factual cause of action.
  • Constitutional law — Article 52(6) — Interpretation of Electoral Commission’s power to cancel elections — Justiciability and ripeness — Cause of action required before constitutional interpretation — Court will not give advisory opinions on hypothetical scenarios.
19 January 2022