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Constitutional Court of Zambia - 2022 December

2 judgments
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2 judgments
December 2022
Luke Evuta Mumba (Professor) and Anor v The Council of the University of Zambia (CCZ 12 of 2022) [2022] ZMCC 46 (12 December 2022)
Whether gratuity under fixed‑term university contracts qualifies as a statutory pension benefit and requires payroll retention.
  • Constitutional law
    • — Pensions — Definition and requirement that pension benefits be granted by or under an Act of Parliament — Article 187 and Article 266
    • — Payroll retention — Application of Article 189(2) where a statutory pension benefit is unpaid — Retention on payroll pending payment
  • Employment law — Fixed‑term gratuity v statutory pension — Applicability of section 38(3)(b)(iii) of the Higher Education Act to public university employees
12 December 2022
Mukosa v Mulenga and Ors (CCZ/A 26 of 2021) [2022] ZMCC 48 (8 December 2022)
Election nullification requires candidate‑linked misconduct and widespread effect proved to a high degree of convincing clarity.
  • Electoral law — election petitions — standard of proof: 'fairly high degree of convincing clarity' required; section 97(2)(a) twofold threshold — misconduct by candidate or with knowledge/consent and widespread effect; partisan witnesses require corroboration; burden of proof on petitioner; appellate review of factual findings; absence of trial Judge’s handwritten notes does not necessarily render record incomplete.
8 December 2022