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Constitutional Court of Zambia - 2022 February

7 judgments
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7 judgments
February 2022
Moyo v Attorney General (CCZ 6 of 2021) [2022] ZMCC 5 (28 February 2022)
Disciplinary discharge does not trigger Article 189(2) payroll retention; payment was a pension refund, not a pension benefit.
  • Constitutional law — Article 189(2) — retention on payroll until pension payment — pension benefit v. pension refund — disciplinary discharge not equivalent to retirement — Public Service Pensions Act No. 35 of 1996 supersedes earlier pensions regulations.
28 February 2022
Chapter One Foundation Ltd v Attorney General (CCZ 36 of 2021) [2022] ZMCC 4 (25 February 2022)
Presidential assent within Article 66 timeframes remains valid after Parliament's dissolution.
  • Constitutional law — presidential assent to Bills — post-dissolution assent — Article 66 timeframes — legislative vs executive functions — Article 81 dissolution — Article 66(6) deemed assent — comparative law (US, Australia).
25 February 2022
Malanji v Mulenga and Anor (CCZ/A 21 of 2021) [2022] ZMCC 6 (24 February 2022)
Whether an appellate court should admit fresh evidence under s25(1)(b) where documents were available before trial.
  • Constitutional Court Act s25(1)(b) — appellate power to order production of documents and call witnesses; Fresh evidence on appeal — exceptional admission; Ladd v Marshall test (non‑availability, materiality, credibility); Finality of litigation; White Book Order 59 r.10 guidance.
24 February 2022
Chanda v Lukonde (CCZ/A 4 of 2021) [2022] ZMCC 34 (15 February 2022)
An election may only be annulled where widespread malpractice by the candidate or agents is proved to a high degree of convincing clarity.
  • Electoral law — Election nullification — Section 97(2) Electoral Process Act — Burden of proof in election petitions (fairly high degree of convincing clarity) — Proof of malpractice by candidate or with candidate’s knowledge/consent — Credibility and corroboration of partisan witnesses — Tribunal’s misdirection and burden-shifting — Costs under section 109 EPA.
15 February 2022
Tembo v Phiri and Anor (CCZ/A 9 of 2021) [2022] ZMCC 44 (10 February 2022)
Tribunal properly exercised discretion on cross-examination; petitioner failed to meet burden to nullify the election.
  • Election law — procedure in election petitions — affidavit evidence and tribunal's power to order personal attendance and cross-examination — burden of proof in nullification under section 97(2) of the Electoral Process Act — corroboration and hearsay; credibility of suspect witnesses.
10 February 2022
Chapter One Foundation Ltd v Attorney General (CCZ 22 of 2021) [2022] ZMCC 1 (2 February 2022)
Article 263's requirement to declare assets on assuming or leaving office does not conflict with Article 261's code of conduct.
  • :[
2 February 2022
Nakasamu v Kokoma and Anor (CCZ/A 12 of 2021) [2022] ZMCC 43 (2 February 2022)
Appeal dismissed: petitioner failed to prove violence or that election form anomalies affected the result.
  • Electoral law — Election petitions — Burden and standard of proof — Alleged violence and intimidation — Requirement to prove candidate’s knowledge or consent — Anomalies on form GEN 20 — Section 97(4) EPA: substantial compliance and non-effect on results — Tribunal’s discretion to exclude unpleaded evidence.
2 February 2022