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Constitutional Court of Zambia - 2022 October

5 judgments
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5 judgments
October 2022
Jere and Ors v Zulu (CCZ/A 28 of 2021) [2022] ZMCC 36 (27 October 2022)
Appellants failed to prove bribery or ineligibility to the required standard; election result upheld and appeal dismissed.
  • Election law — Electoral Process Act s.97(2)(a),(c) — bribery/donations — agency and knowledge/consent of candidate — requirement that misconduct be widespread to affect result — candidate qualification and grade 12 equivalency — burden and elevated standard of proof in election petitions.
27 October 2022
Institute of Law, Policy Research and Human Rights Ltd v Attorney General (CCZ 1 of 2022) [2022] ZMCC 25 (21 October 2022)
Whether prescribed numbers of superior court judges are mandatory minima or maximums and whether non‑appointments breach the Constitution.
  • Constitutional interpretation — composition of superior courts; prescribed numbers as maximums not mandatory minima; appointment of judges — Judicial Service Commission and President; Article 274 "as occasion requires"; mandamus relief; administrative/resource considerations.
21 October 2022
Michelo v Sampa and Anor (CCZ/A 35 of 2021) [2022] ZMCC 26 (21 October 2022)
Appellant failed to prove electoral misconduct tied to the candidate or agents; appeal dismissed and election upheld.
  • Electoral law — Section 97(2) Electoral Process Act — proof to convincing clarity that corrupt/illegal practice committed by candidate or with candidate’s knowledge/consent or agent — linkage requirement; appellate standard for disturbing factual findings; substantial conformity doctrine — when electoral flaws do not warrant annulment.
21 October 2022
Kanengo v Attorney General and Anor (CCZ 24 of 2022) [2022] ZMCC 24 (20 October 2022)
The 21‑day constitutional time limit for hearing nomination challenges cannot be stopped or extended by any court or authority.
  • Constitutional law — Interpretation of Article 52(4) — Nomination challenges — Mandatory twenty-one day hearing period — "Shall" as mandatory — Stay of proceedings cannot stop or extend constitutional time limit — High Court divested of jurisdiction when time expires — (Obiter) Court of Appeal lacking jurisdiction on Article 52(4) matters.
20 October 2022
Sinkamba and Anor v Electoral Commission of Zambia (CCZ 23 of 2022) [2022] ZMCC 23 (17 October 2022)
Whether the Electoral Commission breached Article 52(6) by not cancelling elections after candidate resignations, and effect of a court stay.
  • Constitutional law — Article 52(6) (cancellation and fresh nominations after resignation) — interplay with Article 57(1) 90-day rule; effect of court stay on electoral duties; jurisdictional limits on challenging nominations (Article 52(4) and High Court competence).
17 October 2022