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Constitutional Court of Zambia - 2022 August

5 judgments
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5 judgments
August 2022
Christine Phiri and Anor v Melessiana Phiri and Anor (CCZ/A 37 of 2021) [2022] ZMCC 41 (31 August 2022)
Appeal dismissed for failure to prove electoral malpractice and its widespread effect under section 97(2) of the Electoral Process Act.
  • Election petitions — standard of proof: fairly high degree of convincing clarity; Electoral Process Act s.97(2)(a) and (b) — twofold requirement (commission by candidate/agent or with consent, and widespread effect on results); Election agent — person named in nomination papers; Credibility and corroboration of partisan witnesses; Non-compliance must be shown to have affected results.
31 August 2022
Zimba v Attorney General (CCZ 7 of 2022) [2022] ZMCC 17 (31 August 2022)
The DPP is amenable to the JCC’s disciplinary/removal process under Article 182(3) read with Articles 143 and 144.
  • Constitutional interpretation — Article 182(3) — DPP’s amenability to Judicial Complaints Commission — Articles 143, 144 and 236 read together — originating summons jurisdictional limits.
31 August 2022
Malanji and Anor v Attorney General and Anor (CCZ 18 of 2022) [2022] ZMCC 16 (25 August 2022)
25 August 2022
Mwanza Pilila Getrude Jere and 2 Ors v Munir Zulu and Anor [2022] ZMCC 49 (24 August 2022)
Court dismissed the appellant's preliminary motion as unnecessary, scheduled the respondent's review application, and ordered each party to bear own costs.
  • Constitutional procedure — functus officio — review of final decision — exceptional circumstances and fresh evidence — motions upon motions; procedural efficiency; leave to file heads of argument out of time.
24 August 2022
Malanji v Mulenga and Anor (CCZ/A 21 of 2021) [2022] ZMCC 14 (3 August 2022)
Whether a candidate’s Grade 12-based eligibility can be challenged at election stage and who bears the evidential burden.
  • Election law — eligibility for Parliament — Grade 12 certificate requirement (Art 70(1)(d)) — nomination challenge (Art 52(4)) v election petition (s97(2)(c)) — middle standard of proof in election petitions — shifting evidential burden — failure to produce documentary proof — costs (s109 EPA).
3 August 2022