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Constitutional Court of Zambia - 2022 June

5 judgments
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5 judgments
June 2022
Shaba Lawrence v Lungu Arthur and Anor (2021/CCZ/A0011) [2022] ZMCC 50 (24 June 2022)
Failure to file heads of argument with the record of appeal mandates dismissal absent a court-ordered extension.
  • Constitutional Court procedure — Order XI r.5 mandatory filing of record of appeal with heads of argument — r.6 dismissal for want of prosecution — extension of time required — Article 118(2)(e) does not abrogate rules.
24 June 2022
Shaba v Lungu and Anors (CCZ 11 of 2021) [2022] ZMCC 45 (24 June 2022)
Failure to file heads of argument with the record of appeal as required by the Rules warrants dismissal for want of prosecution.
  • Electoral law; civil procedure — Order XI rule 5 (mandatory filing of record of appeal with heads of argument); Order XI rule 6 (dismissal for want of prosecution); extension of time; competence of appeal; election petition.
24 June 2022
Sampa v Mundubile (CCZ/A 36 of 2021) [2022] ZMCC 37 (22 June 2022)
An unproven, isolated act of violence during results counting cannot, without clear proof of effect on voters, nullify an election.
  • Electoral law — election petitions — section 97(2)(a) and (b) — counting and announcement part of electoral process — standard of proof: high degree of convincing clarity — isolated or unproven incident insufficient to nullify election — section 36: absence of agent/ candidate — evaluation of partisan evidence.
22 June 2022
Banda v Attorney General (CCZ 10 of 2022) [2022] ZMCC 12 (20 June 2022)
Court refused to stay the President’s removal of the applicant judge because the decision was implemented and merits require full hearing.
  • Constitutional law — Stay of execution — Removal of judge — Discretionary nature of stay — Implemented executive decision leaves nothing to stay — Merits cannot be decided at preliminary stage; judicial review authorities distinguished.
20 June 2022
Ng'uni v Mabonga (CCZ/A 29 of 2021) [2022] ZMCC 40 (16 June 2022)
Alleged electoral malpractices lacked corroboration and widespread impact required to void the election; costs order set aside.
  • Electoral law — Section 97(2)(a) Electoral Process Act — nullification requires proof of candidate’s corrupt/illegal practice and that it was widespread or prevented the majority from electing their choice — high standard of proof — allegations of distribution of money and bicycles, threats, campaigning on polling day, and use of government resources — corroboration and scope of misconduct — costs under section 109 EPA.
16 June 2022