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Constitutional Court of Zambia - 2022 July

4 judgments
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4 judgments
July 2022
Mulope v Shakafuswa (CCZ/A 34 of 2021) [2022] ZMCC 38 (29 July 2022)
Petitioner failed to prove misconduct or material non-compliance affecting the election; election declared valid.
  • Electoral law — election petitions — burden and standard of proof; partisan witnesses and corroboration; section 97(2)(a),(b),(4) EPA — misconduct versus substantial compliance; admissibility of documentary evidence — Evidence Act s.3(1); scope of pleadings and trial by ambush; minor procedural irregularities not vitiating election result.
29 July 2022
Mutelo K v Kang'ombe and Anor (CCZ/A 33 of 2021) [2022] ZMCC 15 (29 July 2022)
Petitioner failed to prove, to the required high standard, that alleged electoral malpractices were widespread enough to void the election.
  • Electoral law — s.97(2)(a) Electoral Process Act — standard of proof: fairly high degree of convincing clarity — attribution to candidate or election/polling agent — requirement to prove malpractice was widespread and affected majority — corroboration and quantitative evidence (statistics) — Gen 20/clerical irregularities and substantial conformity.
29 July 2022
Lusambo v Kanengo and Anor (CCZ/A 19 of 2021) [2022] ZMCC 13 (28 July 2022)
Election nullified: court found proven violence, treating and canvassing with appellant’s knowledge; annulment confirmed, appeals dismissed.
  • Electoral law — nullification threshold under s.97(2) EPA; violence and widespread misconduct; knowledge, consent and association with non-agent militias; standard of proof in election petitions (fairly high degree of convincing clarity); bribery and treating; canvassing on polling day; judicial notice of notorious campaign symbols.
28 July 2022
Mwamba v Chewe and Anor (CCZ/A 30 of 2021) [2022] ZMCC 32 (15 July 2022)
A renewed application from a single-judge ruling must be by summons; improperly commenced motion dismissed, corrected record ordered.
  • Constitutional Court procedure — mode of commencement of renewed applications from single-judge rulings — summons required (Order 59 White Book) — improper commencement by notice of motion deprives Court of jurisdiction — amendment of appeal record — inherent jurisdiction (Article 271) to order substitution of illegible pages.
15 July 2022