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Constitutional Court of Zambia - 2022 May

4 judgments
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4 judgments
May 2022
Lungu v Attorney General and Ors (CCZ 6 of 2022) [2022] ZMCC 10 (19 May 2022)
Constitutional Court may stay criminal proceedings pending determination of constitutional questions, including where immunity or nolle prosequi is alleged.
  • Constitutional law — Jurisdiction of Constitutional Court — Article 128(2) — Stay of criminal proceedings pending determination of constitutional questions — Civil proceedings arresting criminal investigations/proceedings — Immunity agreements and nolle prosequi — Abuse of process.
19 May 2022
Chisanga and Anor v Electoral Commission of Zambia (CCZ/A 27 of 2021) [2022] ZMCC 11 (16 May 2022)
Filing the record of appeal outside the 30‑day period without leave renders the appeal incompetent and dismissible.
  • Constitutional Court Rules — Order 11 r.5 & r.6 — mandatory filing of Record of Appeal within 30 days; jurisdiction — effect of filing out of time without leave; appeals — incompetence and dismissal for want of prosecution; procedural non-compliance not excused by inherent jurisdiction; inability to consider record defects where appeal is incompetent.
16 May 2022
Chisanga v Chisopa and Anor (CCZ/A 27 of 2021) [2022] ZMCC 29 (16 May 2022)
Appeal dismissed where the Record of Appeal was filed late without leave, rendering the appeal incompetent.
  • Constitutional Court jurisdiction — Election petition appeal — Compliance with Order 11 rule 5 CCR — Mandatory filing of Record of Appeal and heads within 30 days — Late filing without leave renders appeal incompetent — Dismissal for want of prosecution under Order 11 rule 6 CCR.
16 May 2022
Chewe v Mucheleka and Anor (CCZ/A 23 of 2021) [2022] ZMCC 33 (5 May 2022)
Appellate court reversed nullification: petitioners failed to prove widespread, high-standard electoral malpractice and some agent-attributions were unsupported.
  • Electoral law — s.97(2)(a) EPA — standard of proof in election petitions (high degree of convincing clarity); Election/polling agent: strict statutory definition; Vote-buying/treating: ferrying, feeding and gifts; Philanthropy vs bribery — donation followed by solicitation; Majoritarian/widespread threshold — requirement to show how many wards or voters were affected; Attribution of misconduct by campaign supporters or traditional leaders; Appellate interference with factual findings.
5 May 2022