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Constitutional Court of Zambia - 2022 March

3 judgments
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3 judgments
March 2022
Mwenya v Bemba and Anor (CCZ/A 6 of 2021) [2022] ZMCC 39 (25 March 2022)
Election nullification requires proof that a candidate's or agent's corrupt practice was widespread and influenced the majority.
  • Election law — corrupt practice/inducement (distribution of food) — agency of election/polling agents — burden and standard of proof in election petitions (fairly high degree of convincing clarity) — majoritarian principle (widespread misconduct affecting majority) — partisan witnesses require corroboration — appellate interference for improper inference.
25 March 2022
Law Association of Zambia v Attorney General (CCZ 51 of 2021) [2022] ZMCC 7 (22 March 2022)
A Member of Parliament whose election is nullified and who appeals to the Constitutional Court retains the seat pending determination of the appeal.
  • Constitutional interpretation — Articles 72(2)(h) and 73(3)-(4) — Distinction between nullification and disqualification — Purposive interpretation to avoid absurdity — Retention of parliamentary seat pending appeal to Constitutional Court — Legislative lacuna on vacancies.
22 March 2022
Tembo (Suing in his capacity as party President of the Patriots for Economic Progress) v Electoral Commission of Zambia and Anor (CCZ 47 of 2021) [2022] ZMCC 9 (14 March 2022)
Whether non-publication of presidential asset declarations breached Article 52(3) absent statutory prescription.
  • Constitutional law — Article 52(3) — publication of nomination papers and affidavits — referential incorporation of statutory declaration of assets (GEN 5) into presidential affidavit (GEN 4) — meaning of "prescribed" — requirement for Act or subsidiary legislation — Electoral Process Act and Regulations prescribe publication for local/parliamentary candidates but omit presidential candidates — failure to prescribe prevents finding of constitutional breach.
14 March 2022