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Constitutional Court of Zambia - 2022 November

4 judgments
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4 judgments
November 2022
Milimo Chooka & Associates (Suing as a Law Firm) and Anor v Law Association of Zambia and Ors (CCZ 13 of 2022) [2022] ZMCC 47 (23 November 2022)
Court dismisses petition for stay, holding disciplinary body acted within mandate and petition was abuse of process.
  • Constitutional jurisdiction — stay as interim relief — disciplinary body’s statutory mandate — sub judice and parallel proceedings — multiplicity of actions and abuse of process.
23 November 2022
Sikazwe v Attorney General and Anor (CCZ 19 of 2022) [2022] ZMCC 30 (11 November 2022)
Joinder refused where applicant failed to show the proposed party had sufficient interest or nexus to the constitutional petition.
  • Civil procedure — Joinder under Order 5 r.4(b) CCR — Discretionary power — Requirement of sufficient interest or nexus — Joinder refused where no claim against proposed party in constitutional petition.
11 November 2022
Mwanza v Attorney General (CCZ 11 of 2022) [2022] ZMCC 42 (10 November 2022)
Refusal to release court-held funds due to revoked letters of administration did not breach judicial independence or Article 160.
  • Judicial independence — Article 122 — alleged interference by court staff refusing to effect payment; Intestate Succession Act — requirement of valid letters of administration; Article 160 — enforcement against local authority; monies paid into court.
10 November 2022
Sangwa v Attorney General (CCZ 35 of 2021) [2022] ZMCC 27 (10 November 2022)
Court dismisses functus officio objection and allows constitutional challenge to section 30 (costs) to proceed to hearing.
  • Constitutional law — jurisdiction — functus officio and finality — whether Constitutional Court can be barred from hearing a fresh constitutional challenge to section 30 (costs) — petition alleging contravention of the Constitution to be heard on merits.
10 November 2022